i)sm 


^^^^^^^mm^mmfm^i:^m:m^i 


v\ 


THE  LIBRARY 
OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


HISTORY 


Civil  Government 


IOWA. 


FOR  THE   USE   OF   NORMAL   AND  PUBLIC   SCHOOLS,   TEACHERS 
INSTITUTES,  AND   PRIVATE   INSTRUCTION. 


•  P» 


GEO.  CHANDLER, 

Superintendent  of  City  Schools,  Osage,  Iowa. 


CHICAGO: 

A.  FLANAGAN. 

1890. 


COPYRIGHT  1S84 

BY  A.  FLANAGAN. 


PREFACE. 


L  3  2S 
/f90 


t'HIS  little  book  has  been  prepared  in  answer  to  a  de- 
mand for  a  text-book  on  the  civil  government  of 
Iowa,  for  the  use  of  schools  and  institutes.  A 
*^  knowledge  of  the  workings  of  our  government  is 
essential  to  good  citizenship,  but  this  branch  of  study  has 
been  sadly  neglected  even  in  the  graded  schools  of  the  State. 
This  neglect  has  been  due  to  the  fact  that  the  means  of  ac- 
quiring infoi-mation  upon  the  subject  are  not  available. 
The  Code  and  Session  Laws  contain  the  necessary  facts, 
but  in  such  form  that  they  are  of  but  little  use  to  the  pupil. 
The  object  of  the  book^is  to  give  briefly  a  history  of  the 
settlement  and  growth  of  the  State,  an  account  of  her  va- 
rious institutions,  and  to  show  the  workings  of  the  govern- 
ment as  provided  for  in  the  constitution  and  seen  in  state, 
district,  county,  town,  and  township.  The  Appendix 
contains  much  valuable  additional  matter  concerning  a 
number  of  societies  and  state  officers  not  contained  in  for- 
mer editions. 


That  the  book  will  be  kindly  received  by  those  who  de- 
sire information  upon  this  much  neglected  subject  is  the 
hope  of 

The  Author. 
Osage,  Iowa,  June  2,  1890. 


1524864 


CONTENTS. 


Page. 
HISTORY  OF  IOWA S 

STATE  INSTITUTIONS.— University— Normal  School  -Agricultural 
Colleg-e — College  for  Blind,  Deaf  and  Dumb — Soldiers'  Home — Feeble- 
Minded — Reform  School — Penitentiaries . . '3-19 

CONSTITUTION  OF  IOWA 22 

Civil.  GOVERNMENT  OF  IOWA 53 

liECJlSIfATIVE  DEPARTMENT.  —  House  of  Representatives  — 
When  Chosen — Qualifications — Vacancies — Powers — Composition  of  Sen- 
ate— Number — Howr  Classed — Oath  of  OiBce — Salary — Privileges — Penal- 
ties— Prohibitions ^3"76 

EXECUTIVE  DEPARTMENT 79 

JUDICIAL  DEPAMtTMENT 84 

MI LITI A.—  State  Debts— Corporations— Education— Amendments— Mis- 
cellaneous Article  XI 8s~9X 

STATE.— Auditor — Secretary — Treasurer — Executive  Council — Superinten- 
dent Public  Instruction — Attorney  General — State  Binder — Railroad  Com- 
missioners— State  Librarian 95-103 

COURTS. — Supreme — District — Circuit  Courts — Congressional  Districts.  104 -102 

SENATORIAL.  DISTRICTS 114 

REPRESENTATIVE  DISTRICTS iit 

COUNTIES.— Officers— Board  of  Supervisors— Auditor— Treasurer— Clerk 
of  Courts — Sheriff^Recorder — Superintendent  of  Schools — Surveyor — Coro- 
ners— Notaries  Public 11S-134 

TOWN  AND  CITV  GOVERNMENT.-Officers-Mayor-Council- 
Marshal — Treasurer — Auditor — Civil  Engineer — Police  Judge — M;irUt;t  Su- 
perintendent— Incorporate  Town  Officers '3S'33 

TOWNSHIP    GOVERNMENT.— Officers— Assessor— Justice    of  the 

Peace — Constables i^()  146 

COUNTIES  OF  IOWA.— Origin  of  name— County  Seat— Population..  i5i 

OUTUIIVES IS7 

FORMS 164 

APPENDIX 167 


HISTORY  OF  IOWA. 


Iowa,  "  The  Beautiful  Land,"  was  discovered  by 
James  Marquette  and  Louis  Joliette,  in  1673.  Upon 
the  right  of  discovery,  so-called,  France  based  her 
claim,  not  only  to  Iowa,  but  to  all  the  lands  along 
which  her  subjects  sailed.  Ninety  years  later,  1763, 
the  French  king  ceded  his  possessions  in  the  Valley  of 
the  Mississippi,  to  Spain.  In  1800,  Napoleon  com- 
pelled Spain  to  make  a  secret  cession  of  this  territory 
to  him,  and,  two  years  later,  he  ceded  it  to  the  United 
States  for  $15,000,000.  This  tract  of  land,  known  as 
the  Louisiana  Purchase,  was  so  vast  that  the  price  per 
acre  amounted  to  less  than  two  and  one-half  cents. 

In  1788,  Julien  Dubuque  obtained  permission  from 
three  chiefs  of  the  Sacs  and  Foxes  to  dig  for  ore  on 
the  west  bank  of  the  Mississippi.  The  same  year,  he 
staked  out  a  claim  containing  nearly  two  hundred 
square  miles,  and  opened  several  lead  mines,  which  he 
continued  to  work  until  the  time  of  his  death,  in  1810. 
Dubuque,  with  his  ten  associates,  formed  the  first  set- 
tlement made  by  the  whites  in  Iowa,  and  the  city  and 
county  of  Dubuque  were  named  in  his  honor.  Other 
Frenchmen  settled  at  Montrose  and  opposite  Prairie 
du  Chien  about  the  beginning  of  the  present  century, 
but  the  settlements  were  very  feeble. 

—5— 


O  HISTORY     OF     IOWA. 

In  1804,  the  Louisiana  Purchase  was  divided  by 
the  thirty-third  parallel  of  north  latitude,  the  southern 
part  to  be  known  as  the  territory  of  Orleans,  the  north- 
ern part,  as  the  district  of  Louisiana.  The  district  of 
Louisiana,  embracing  the  present  States  of  Arkansas, 
Missouri,  Iowa  and  Minnesota,  and  the  unexplored 
regions  westward  to  the  Rocky  Mountains,  was  attached 
to  Indiana,  with  William  Henry  Harrison  for  first  gov- 
ernor. Eight  years  later,  Iowa  was  organized  as  a  part 
of  the  territory  of  Missouri.  In  1S21,  when  Missouri 
was  admitted  into  the  Union  as  a  state,  Iowa  was  left 
"  out  in  the  cold,"  politically,  and  no  provision  was 
made  for  the  remainder  of  the  Louisiana  Purchase 
until  1834,  when  it  became  a  part  of  the  territory  of 
Michigan.  This  connection  lasted  but  a  short  time, 
however,  for  two  years  later,  Iowa  became  a  part  of  the 
territory  of  Wisconsin,  then  formed. 

In  1838,  that  part  of  the  territory  of  Wisconsin 
lying  west  of  the  Mississippi  was  organized  as  the 
territory  of  Iowa,  and  Robert  Lucas,  of  Ohio,  was 
appointed  first  governor.  Under  his  direction,  the  first 
census  was  taken,  members  of  the  legislature  were 
chosen,  and  civil  government  in  Iowa  was  begun.  The 
act  of  congress  that  provided  for  the  organization  of 
this  territory  gave  the  governor  full  power  to  veto  any 
and  all  acts  of  the  legislature. 

In  1840,  and  again  in  1842,  attempts  were  made 
to  call  a  convention  to  draft  a  state  constitution,  but 
without  success.  In  1844,  however,  a  convention  called 
for  this  purpose,  met  at  Iowa  City,  and  drafted  a  con- 
stitution, which  prescribed  boundaries  differing  very 
materially  from  the  present  boundaries  of  Iowa.  Within 
these  limits  were  included  a  large  part  of  what  is  now 


HISTORY     OF     IOWA.  *J 

Minnesota,  as  well  as  all  of  Iowa,  except  a  small  por- 
tion of  the  northwestern  part  of  the  state,  embracing 
the  counties  of  Lyon,  Osceola  and  Sioux,  and  parts  of 
three  or  four  adjoining  counties. 

These  boundaries  proved  to  be  unsatisfactory  to 
congress,  and  new  ones  were  proposed  by  that  body. 
The  meridian  of  17°  30'  west  from  Washington  was  to 
be  the  western  boundary,  and  the  northern  boundary 
was  changed  so  as  to  limit  the  state  in  that  direction 
also.  In  April,  1845,  this  constitution,  owing  to  the 
dissatisfaction  with  regard  to  boundaries,  was  rejected 
by  the  people.  After  another  unsuccessful  attempt  in 
the  following  year,  a  constitution  with  the  present 
boundaries,  which  had  been  proposed  by  congress,  was 
adopted  Aug.  3,  1846,  and  Dec.  28,  of  the  same  year, 
Iowa,  the  twenty-ninth  state,  was  admitted  to  the 
Union. 

Reference  has  already  been  made  to  the  early  set- 
tlements in  Iowa.  The  permanent  settlement  of  the 
state  did  not  begin  until  after  the  close  of  the  Black 
Hawk  war,  in  1832.  In  June  of  the  next  year,  people 
from  Illinois,  Wisconsin  and  Michigan  pushed  across 
the  Mississippi  and  staked  out  claims  at  Fort  Madison, 
Burlington,  Davenport,  and  several  other  places  along 
the  river. 

A  noted  author,  in  speaking  of  these  settlers,  says, 
"  The  pioneers  of  Iowa,  as  a  class,  were  a  brave,  hardy, 
intelligent  and  enterprising  people.  Among  those  who 
have  pioneered  the  civilization  of  the  West  and  been 
founders  of  great  states,  none  have  ranked  higher  in 
the  scale  of  intelligence  and  moral  worth  than  the 
pioneers  of  Iowa  who  came  to  the  territory  when  it 
was  still  an   Indian   country,  and   through  hardship, 


8  HISTORY     OF     IOWA. 

privation  and  suffering,  laid  the  foundations  of  this 
great  and  prosperous  commonwealth,  which  to-day  dis- 
penses her  blessings  to  more  than  a  million  and  a  half 
of  people.  In  all  the  professions,  arts,  industries  and 
enterprises  which  go  to  make  up  a  great  and  prosper- 
ous people,  Iowa  has  taken  and  holds  a  front  rank 
among  her  sister  states  of  the  West." 

The  territory  obtained  from  the  Indians  by  the 
Black  Hawk  Purchase  extended  along  the  Mississippi 
from  the  northern  boundary  of  Missouri  to  the  mouth 
of  the  Upper  Iowa  River.  The  strip  averaged  about 
fifty  miles  in  width  and  contained  nearly  six  millions 
of  acres,  or  about  one-sixth  of  the  present  area  of 
Iowa. 

In  a  former  treaty  with  the  Sac  and  Fox  Indians, 
a  valuable  tract  of  land,  containing  nearly  one  hundred 
and  thirteen  thousand  acres,  was  reserved  for  the  half- 
breeds  of  these  tribes.  This  land  was  situated  in  what 
was  afterwards  the  southern  part  of  Lee  county.  The 
covetous  eyes  of  land  speculators  were  soon  turned 
towards  this  reservation,  and  companies  were  formed 
for  the  purpose  of  purchasing  the  rights  of  the  half- 
breeds  to  the  soil.  As  might  have  been  expected,  con- 
flicting claims  arose,  and  several  years  were  spent  in 
litigation.  At  last  the  supreme  court  appointed  com- 
missioners to  settle  the  vexing  question.  These  men 
divided  the  tract  into  one  hundred  and  one  shares,  and 
the  titles  granted  by  them  were  afterwards  declared 
valid  by  the  courts. 

In  1842,  the  government  made  another  treaty 
with  the  Sacs  and  Foxes,  and  by  its  terms  gained  pos- 
session of  the  remainder  of  the  lands  belonging  to 
those  tribes  in  Iowa.     The  Indians  were  to  retain  pos- 


HISTORY     OF     IOWA.  9 

session  of  the  land  till  the  first  of  May,  1843.  This 
region  had  been  thoroughly  explored  by  the  whites, 
but  the  United  States  authorities  had  prevented  any 
settlements  from  being  made.  As  the  time  for  the 
opening  of  the  land  to  settlers  drew  near,  hundreds  of 
families  encamped  along  the  line ;  and  by  sundown  of 
May  1st,  over  one  thousand  families  had  settled  in  this 
new  territory.  These  settlers  were  simply  squatters^ 
for  the  lands  occupied  by  them  had  never  been  sur- 
veyed, and  still  belonged  to  the  general  government. 
Under  the  laws  of  the  United  States,  then  in  force, 
all  lands  subject  to  settlement  were  to  be  offered  at 
public  sale  and  sold  to  the  highest  responsible  bidder. 
If  the  land  could  not  be  sold  for  want  of  bidders, 
actual  settlers  acquired  the  right  to  enter  it  at  the 
minimum  price  of  a  dollar  and  a  quarter  per  acre. 
Many  old  settlers  of  Iowa  are  now  living  upon  the  land 
which   they  occupied   before  the  land  sale,  as  it  was 

called. 

GROWTH. 

When  Iowa  was  admitted  into  the  Union,  there 
were  twenty-seven  organized  counties,  but  immigra- 
tion had  been  so  rapid  that  many  of  the  one  hundred 
thousand  settlers  had  founded  homes  for  themselves 
even  before  the  laitds  were  surveyed  or  the  counties 
organized. 

The  first  session  of  the  legislature  of  the  territory 
of  Iowa  convened  at  Burlington  in  1839.  Nearly  all 
of  its  meetings  were  held  in  the  M.  E.  church  of  that 
place.  In  the  early  part  of  the  session,  three  commis- 
sioners were  appointed  to  select  a  site  for  a  permanent 
seat  of  government  within  the  limits  of  Johnson 
.county.     The  commissioners  selected  a  section  of  land, 


lO  HISTORY     OF     IOWA. 

caused  it  to  be  surveyed  into  town  lots,  and  in  accord- 
ance with  an  act  of  the  legislature,  named  the  place 
Iowa  City.  Work  on  the  public  buildings  was  begun 
at  once,  and  on  July  4,  1840,  Gov.  Lucas  reported  to 
the  legislature  that  the  foundation  of  the  capitol  was 
nearly  completed. 

At  the  first  session  of  the  state  legislature,  it  was 
decided  that  Iowa  City  was  too  near  the  eastern  bound- 
ary of  the  state  for  a  permanent  seat  of  government. 
It  was  accordingly  determined  to  re-locate  the  capital 
at  some  point  more  centrally  located.  The  commis- 
sioners appointed  to  select  the  new  site  chose  five 
sections  of  land  in  the  southwestern  part  of  Jasper 
county,  and  called  the  town  which  they  laid  out, 
Monroe  City.  The  public  buildings  at  Iowa  City  were 
to  be  given  to  the  State  University,  which  had  been 
established  the  year  before. 

But  Monroe  City  did  not  thrive,  and  the  legisla- 
ture continued  to  meet  at  Iowa  City.  In  1855,  an  act 
was  passed  removing  the  capital  to  Des  Moines,  and, 
three  years  later,  the  legislature  began  its  work  at  that 
place.  In  a  few  years  the  capitol  building  was  found 
to  be  inadequate  to  the  wants  of  the  growing  state, 
and,  in  1870,  the  sum  of  $150,000  was  appropriated 
for  a  new  building.  Other  appropriations,  amounting 
to  nearly  $2,500,000,  have  been  made  from  time  to 
time,  and,  at  the  present  writing,  the  Twentieth  Gen- 
eral Assembly  holds  its  meetings  in  this  new  capitol,  a 
building  worthy  of  the  great  state  of  Iowa. 

Upon  her  admission  to  the  Union,  Iowa  received 
a  grant  of  500,000  acres  of  land,  in  accordance  with  an 
act  of  congress,  approved  Sept.  4,  1841.  By  another 
act,  passed  March  3,  1845,  the  sixteenth  section  of  each 


HISTORY     OF     IOWA.  H 

unorganized  congressional  township  was  set  apart  for 
school  purposes.  The  latter  act  also  appropriated 
46,080  acres  of  land  to  aid  in  establishing  a  State  Uni- 
versity. The  state  constitution  provides  that  the 
money  obtained  from  the  sale  of  these  lands  (the  Uni- 
versity grant  excepted),  shall  be  and  remain  a  perpet- 
ual fund  for  the  support  of  schools  throughout  the 
state.  The  permanent  school  fund  is  made  up  of  the 
proceeds  of  these  grants,  together  with  the  money 
obtained  from  the  sale  of  estates  of  persons  deceased 
without  heirs,  and  what  is  known  as  the  "  Fiv^e  Per 
Cent.  Fund.  The  permanent  school  fund  was  founded  by 
an  act  of  Congress,  which  set  apart  five  per  cent,  of  all  mon- 
eys received  from  the  sale  of  public  lands  within  their  bor- 
ders. Several  law  suits  growing  out  of  the  location  of 
lands  by  soldiers'  warrents,  have  arisen  in  this  and 
other  states,    and   the    matter   is   still    in    the    courts. 

The  interest  upon  this  fund  is  distributed  to  the 
different  counties  twice  a  year,  and  forms  a  part  of 
what  is  called  the  semi-annual  apportionment.  The 
fund  itself  can  never  be  diminished  or  appropriated  to 
any  other  use.  The  permanent  school  fund  at  the 
present  time  amounts  to  about  $4,000,000,  from  which 
about  $124,000  interest  is  received  semi-annually  and 
apportioned  among  the  several  counties  according  to 
their  respective  populations  of  school  age. 

Thus  it  will  be  seen  that  at  an  early  date  in  our 
history,  provision  was  made  for  the  establishment  and 
support  of  the  common  schools.  Even  before  the 
early  settlers  had  erected  comfortable  houses  for  them- 
selves, they  began  to  look  about  them  for  means  with 
which  to  build  school  houses.  Voluntary  contribu- 
tions of  logs  and  other  materials  were  made  by  those 


12  HISTORY     OF     IOWA. 

who  had  them  to  give,  and  others  bore  their  part  of 
the  burden  by  aiding  in  the  construction  of  the  houses. 
In  many  instances,  teachers  received  a  part  of  their 
wages  in  "  boarding  "round." 

From  these  humble  beginnings,  the  educational 
interests  of  the  state  have  constantly  improved,  until 
now  her  school  system  is  considered  one  of  the  most 
complete  in  the  United  States.  Although  the  twelfth 
state  in  area,  there  are  only  four  states  in  the  Union 
that  have  a  greater  number  of  school  houses.  Her 
schools,  supported  at  an  annual  expense  of  more  than 
$5,000,000,  testify  to  the  public  spirit  and  lofty  pur- 
pose of  her  people. 

The  census  of  1880  discloses  some  interesting  facts 
concerning  our  educational  progress.  In  no  state  in 
the  Union,  except  Kansas,  having  so  much  as  one-half 
the  population  of  Iowa,  are  there  so  few  illiterates  over 
ten  years  of  age.  In  ability  to  read,  the  people  of  Iowa 
head  the  list,  and,  in  ability  to  write,  they  are  second 
only  to  Nebraska.  Only  four  states,  viz. :  New  York, 
Tennsylvania,  Ohio  and  Illinois  have  a  greater  number 
of  school  houses,  or  employ  more  teachers  than  our 
own  state. 


STATE   INSTITUTIONS. 


Iowa  has  been  very  liberal  in  establishing  the 
higher  institutions  of  learning,  and  providing  for  the 
unfortunate  of  all  classes.  The  State  University  was 
authorized  by  the  constitution  and  permanently  loca- 
ted at  Iowa  City,  in  Johnson  Co.  The  other  institu- 
tions have  been  established  by  acts  of  the  general 
assembly  passed  at  different  times  in  our  history. 

STATE   UNIVERSITY. 

The  object  of  the  State  University,  is  to  furnish 
young  men  and  women  the  best  means  of  obtaining  a 
liberal  education  in  the  different  departments  of  litera- 
ture, and  the  applications  of  the  various  arts  and  sciences. 
It  is  intended  that  the  work  of  this  institution  shall 
commence,  where  that  of  the  best  high  schools  of  the 
State  ends.  There  are  five  departments — the  academical, 
the  law,  the  medical,  the  dejital  and  the  pharmaceu- 
tical. The  academical  department  has  four  co\xx- 
scs  oi  stndy,  classical,  philosophical,  scientific,  and  civil 
engineering.  These  courses  are  prepared  with  a  view 
to  meeting  the  wants  of  all  who  apply  for  admission  as 
students.  The  design  of  the  other  departments  is  to 
fit  students  for  the  best  work  in  their  respective  callings. 

The  University  is  governed  by  a  board  of  regents, 
and  can  never  be  under  the  exclusive  control  of  any 

—13— 


14  IOWA    STATE    INSTITUTIONS. 

religious  denomination.  The  board  of  regents  consists 
of  the  governor  of  the  state  who  is  president  of  the 
board,  the  superintendent  of  public  instruction,  and  one 
member  from  each  congressional  district.  The  first  two 
are  members  by  virtue  of  the  offices  held  by  them,  the 
others  are  elected  by  the  general  assembly,  in  joint 
convention  for  six  years,  one-third,  as  nearly  as  possible, 
being  chosen  at  each  regular  session. 

STATE  AGRICULTURAL  COLLEGE. 

The  State  Agricultural  College  and  Farm  were 
provided  for  by  the  general  assembly,  in  the  year 
1858.  Commissioners  were  soon  afterwards  appointed, 
and  the  farm  and  site  for  the  buildings  were  located 
at  Ames,  in  Story  Co.  The  farm  consists  of  about 
eight  hundred  acres  of  dry  rolling  prairie,  and  one 
hundred  and  fifty  acres  of  valuable  timber.  There  is 
a  never-failing  spring  of  water  near  the  centre  of  the 
farm,  a  good  stone  quarry  not  far  distant,  and  plenty 
of  clay  for  use  in  making  bricks. 

In  1862,  two  hundred  and  forty  thousand  acres  of 
land  were  granted  by  congress  for  the  benefit  of  this 
school,  and  the  interest  on  the  fund  arising  from  the 
sale  of  this  land,  furnishes  abundant  means  for  its 
support.  An  additional  grant  of  five  sections  in  Jas- 
per Co.,  was  also  made,  and  the  general  assembly  has 
at  various  times,  increased  its  resources  by  liberal  ap- 
propriations. The  management  is  placed  in  the  hands 
of  a  board  of  trustees,  consisting  of  one  member  from 
each  congressional  district,  chosen  in  the  same  manner 
as  regents  of  the  State  University. 


IOWA    STATE    INSTITUTIONS.  I5 

The  design  of  the  college  is  to  furnish  instruction 
in  all  the  arts  and  sciences  that  have  any  bearing  upon 
agriculture.  Tuition  is  free  to  all  inhabitants  of  the 
state  over  sixteen  years  of  age.  Each  county  is  enti- 
tled to  send  three  pupils  to  the  college,  and  the  trustees 
designate  the  further  number  that  any  county  may 
send. 

STATE   NORMAL   SCHOOL. 

The  State  Normal  School  was  established  by  act 
of  the  legislature,  approved,  March  2$,  1876,  and  loca- 
ted at  Cedar  Falls,  in  Black  Hawk  Co.  The  buildings 
and  grounds,  formerly  used  for  the  Soldiers'  Orphans' 
Home,  were  appropriated  to  its  use,  and  the  school 
was  formally  opened  in  September,  1876.  It  is  man- 
aged by  a  board  of  directors,  consisting  of  six  mem- 
bers, who  are  elected  by  the  general  assembly,  in  joint 
convention,  two  at  each  regular  session. 

There  are  now  two  courses,  the  didactic  and  the 
scientific.  The  former  requires  three  years'  study,  and 
the  latter,  four  years'.  The  object  of  the  school,  is  to 
provide  for  the  special  instruction  and  training  of 
teachers  for  the  common  schools  of  the  State.  The 
course  of  study  embraces  Literature,  Mathematics, 
History,  the  elements  of  the  Sciences  and  Didactics. 
How  to  teach  each  subject  pursued  is  made  a  prominent 
feature  in  all  the  work  of  the  school.  The  school 
is  in  a  very  prosperous  condition,  and  its  in- 
fluence is  being  felt  in  raising  the  standard 
of  educational  work  in  the  state.  Four 
hundred  students  can  now  be  accommodated. 
COLLEGE   FOR   THE   BLLMD. 

This  college  was  opened  for  the  reception  of  pupils 
at    Iowa    City,    April   4,  1853.     Five  years  later,  the 


l6  IOWA    STATE    INSTITUTIONS. 

board  of  trustees  met  at  Vinton,  Benton  Co.,  and,  in 
accordance  with  law,  began  the  erection  of  a  suitable 
building  at  that  place.  In  1862,  the  building  was  so 
far  completed,  that  the  school,  consisting  of  about 
forty  pupils,  was  opened  in  it.  The  institution  is  under 
the  management  of  a  board  of  trustees  six  in  number, 
three  of  whom  are  elected  at  each  regular  session  of 
the  general  assembly  for  the  term  of  four  years. 

All  blind  persons  of  suitable  age,  residents  of  the 
state,  may  receive  an  education  here  free  of  charge, 
and  residents  of  other  states  may  be  admitted  upon 
the  payment  of  their  estimi^ted  expenses,  quarterly  in 
advance.  No  person  from  another  state  will  be  re- 
ceived to  the  exclusion  of  any  resident  of  Iowa.  There 
is  an  industrial  school  connected  with  the  college,  for 
the  benefit  of  all  blind  persons  who  are  dependent  upon 
themselves  for  support. 

INSTITUTION   FOR   THE   DEAF  AND   DUMB. 

The  Institution  for  the  Deaf  and  Dumb  was  es- 
tablished at  Iowa  City,  in  1853,  permanently  located 
at  Council  Bluffs,  July  4,  1866,  and  removed  to  that 
place  in  1871.  Every  deaf  and  dumb  child  in  the 
state,  of  suitable  age,  is  entitled  to  an  education  in 
this  school,  at  the  expense  of  the  state.  The  instruc- 
tion given  is  of  a  very  practical  nature,  and  the  course 
of  study  embraces  those  branches  that  will  be  of  the 
greatest  benefit  to  the  pupils.  Tliere  are  several 
work-shops  connected  with  the  institution,  and  its  in- 
mates are  allowed  to  learn  any  of  the  trades  represen- 
ted. The  trustees  are  elected  by  the  general  assem- 
bly, in  joint  convention,  for  six  years,  one  at  each 
regular  session. 


IOWA    STATE    INSTITUTIONS.  17 

soldiers'  orphans*  home. 

To  Mrs.  Annie  Wittenmeyer  belongs  the  credit 
of  securing  a  home  for  the  soldiers*  orphans  of  Iowa. 
In  October,  1863,  a  convention  was  called  to  meet  at 
Muscatine  for  the  purpose  of  devising  some  means  for 
the  support  an  education  of  these  children.  An 
association  was  formed  and  plans  were  perfected  for 
soliciting  contributions.  A  building  at  Lawrence,  Van 
Buren  Co.,  was  leased,  and  twenty-one  orphans  were 
admitted  in  July,  1864.  The  home  was  sustained  by 
contributions  until  1866,  when  the  state  assumed  con- 
trol of  it. 

For  a  time,  there  was  a  soldiers'  orphans'  home 
at  each  of  the  following  places:  Cedar  Falls,  Black 
Hawk  Co.,  Glenwood,  Mills  Co.,  and  Davenport,  Scott 
Co.  Only  the  one  at  Davenport  has  been  retained, 
the  building  at  Glenwood  having  being  converted  to 
the  use  of  the  Institution  for  the  Feeble-Minded,  and 
the  one  at  Cedar  Falls  to  the  use  of  the  State  Normal 
School.  Three  trustees  are  elected  for  two  years  at 
each  regular  session  of  the  general  assembly. 

HOSPITAL   FOR   THE   INSANE. 

This  institution  was  authorized  by  the  general 
assembly  in  1855,  but  it  was  not  open  to  receive 
patients  until  March,  1861.  It  is  located  at  Mt.  Pleas- 
ant, Henry  Co.  An  additional  hospital  for  the  insane 
was  established  at  Independence,  Buchanan  Co.,  in 
1868.  The  Twentieth  General  Assembly  also  autho- 
rized a  hospital  of  this  kind,  which  has  been  located  at 
Clarinda,  Page  county. 

In  each  county  there  is  a  board  of  commissioners 
of  insanity,  consisting  of  the  clerk  of  the  circuit  court, 


'"  IOWA    STATE    INSTITUTIONS. 

and  two  others  appointed  by  the  judge  of  the  circuit 
court,  one  of  whom  must  be  a  practicing  lawyer  and  the 
other  a  practicing  physician.  All  applications  for  the 
admission  of  insane  persons  to  the  hospital  must  be 
made  to  these  commissioners.  After  the  person 
supposed  to  be  insane  has  been  examined  in  the  manner 
prescribed  by  law,  the  commissioners  decide  whether  he 
shall  be  sent  to  the  hospital  or  not.  The  board  and 
other  expenses  of  the  insane,  are  paid  from  the  receipts 
of  a  tax  levied  for  this  purpose,  by  the  supervisors  of  the 
respective  counties. 

INSTITUTION   FOR   THE   FEEBLE-MINDED. 

In  the  words  of  the  statute,  "  The  purposes  of  this 
mstitution  are  to  train,  instruct,  support,  and  care  for 
feeble-minded  children."  It  is  located  at  Glenwood, 
Mills  Co.  The  management  is  in  the  hands  of  a  super- 
intendent, who  is  appointed  by  the  board  of  trustees. 
He  gives  bonds  for  the  faithful  performance  of  his 
duties,  in  such  a  sum,  as  the  trustees  may  direct. 
Every  resident  of  the  state  between  the  ages  of  five 
and  eighteen  years  who,  by  reason  of  deficient  intellect 
is  rendered  unable  to  acquire  an  education  in 
the  common  schools,  is  entitled  to  the  advantages 
offered  by  this  institution,  free  of  charge. 

The  term  "  feeble-minded  "  is  intended  to  include 
idiotic  children,  and  a  separate  department  is  provided 
for  those  who  cannot  be  benefited  by  educational 
training.  Any  inmate  of  the  institution,  may  be 
returned  to  the  parent  or  guardian,  whenever  the  trus- 
tees may  direct.  The  trustees  are  three  in  number,  and 
are  chosen  by  the  general  assembly,  one  at  each  regu- 
lar session. 


IOWA    STATE    INSTITUTIONS.  I9 

REFORM   SCHOOL. 

This  school  was  established  in  Lee  Co.,  in  March, 
1868,  and  in  October  of  the  same  year,  the  first  inmate 
was  received.  In  1873,  the  school  was  removed  to 
Eldora,  Hardin  Co.,  and  some  time  after,  1 880,  a  law  was 
passed  removing  the  girls  to  a  separate  school  at  Mit- 
chellville,  Polk  Co. 

These  schools  are  intended  for  the  reformation  ol 
such  boys  and  girls  under  eighteen  years  of  age  as  may 
be  committed  to  them.  Any  person  under  sixteen 
years  of  age,  who  is  found  to  be  guilty  of  any  crime 
except  murder,  may  be  sent  to  this  school  upon  the 
order  of  the  judge  of  the  court  in  which  he  was  con- 
victed. Instruction  is  given  in  morality,  and  in  such 
branches  of  study  as  the  trustees  prescribe.  A  certain 
amount  of  labor,  varying  with  the  age,  strength,  and 
capacity,  is  performed  by  each  pupil.  With  the  con- 
sent of  the  parents  or  guardians,  pupils  may  be  bound 
out  to  service  until  the  time  of  their  majority.  The 
trustees,  in  whose  care  the  schools  are  placed,  are  elec- 
ted by  the  general  assembly,  in  joint  convention,  for  a 
term  of  six  years.  They  are  five  in  number,  and  both 
schools  are  under  the  control  of  the  same  board. 

PENITENTIARIES. 

In  addition  to  the  institutions  already  mentioned, 
tha  state  has  been  obliged  to  make  provisions  for  re- 
straining criminals,  and  especially  those  guilty  of  felony. 
Public  offences  are  of  two  kinds,  felonies  and  misde- 
meanors. A  felony  is  a  crime  which  is  punishable  by 
imprisonment  in  the  penitentiary.  All  other  crimes 
are  misdemeanors.  The  first  steps  towards  establish- 
ing a  penitentiary  were  taken  by  the  territorial  legis- 


20  IOWA    STATE    INSTITUTIONS. 

lature,  in  1839.  Directors  were  appointed  to  superin- 
tend the  construction  of  the  building  which  was  to  be 
located  at  Ft,  Madison,  Lee  Co.  An  additional  peni- 
tentiary was  established  at  Anamosa,  Jones  Co.,  by 
the  Fourteenth  General  Assembly.  In  May,  1873, 
twenty  convicts  were  transferred  from  the  penitentiary 
at  Ft.  Madison  to  the  new  one  at  Anamosa. 

The  building  at  the  latter  place  is  of  stone,  and 
much  of  the  work  of  quarrying,  as  well  as  building  was  ' 
done  by  the  convicts  themselves.  The  discipline  is 
rigid,  but  humane.  The  convicts  learn  various  trades, 
and  their  labor  is  sold  to  contractors,  the  work  b.eing 
done  within  the  penitentiary  with  machines  and  tools 
belonging  to  the  state. 

Each  penitentiary  is  under  the  control  of  a  warden, 
who  is  subject  to  the  governor  of  the  state.  The  war- 
dens are  elected  by  joint  ballot  of  the  general  assem- 
bly, and  hold  their  offices  two  years.  They  are 
responsible  for  the  government  and  discipline  of  the 
inmates  of  the  prisons,  and  the  receipts  and  disburse- 
ments of  all  moneys  belonging  to  the  institutions.  The 
warden  of  each  penitentiary  is  obliged  to  give  bonds  to 
the  amount  of  fifty  thousand  dollars,  for  the  faithful 
performance  of  his  duties.  He  is  obliged  to  report, 
once  a  month  a  complete  statement  of  all  official  acts 
performed  by  him,  since  his  last  report,  with  a  full 
account  of  the  receipts  and  expenditures  of  the  prison 
under  his  control.  The  other  officers  are  the  deputy 
warden,  the  chaplain,  the  physician  and  the    guards. 

Every  prisoner  sentenced  to  either  of  the  peni- 
tentiaries for  a  term  of  years,  or  less,  who  does  not  vio- 
late the  rules  of  discipline,  is  entitled  to  a  reduction 
of  his  term  of  service.     This  reduction  is  one  day  for 


IOWA    STATE    INSTITUTIONS.  11 

the  first  month  of  good  behavior,  two  days  for  the 
second  month,  three  for  the  third,  four  for  the  fourth, 
and  five  days  for  each  subsequent  month  of  his  term. 
The  sum  of  these  days,  known  as  the  prisoners  "  good 
time"  is  deducted  from  his  term  of  service,  and  any 
prisoner  who  passes  his  full  term  of  service,  without 
any  violation  of  discipline,  is  entitled  to  a  restoration 
of  his  rights  of  citizenship.  This  restoration,  is  granted 
by  the  governor,  upon  the  certificate  of  the  warden, 
that  the  person  released,  was  not  guilty  of  violating 
any  of  the  rules  of  the  prison  during  his  term  of  service. 
The  expenses  of  erecting  the  different  public  build- 
ings and  keeping  them  in  repair,  have  been  borne  by  the 
state.  ^ 

soldiers'  home. 

The  Twenty-first  General  Assembly  provided  for 
the  establishment  of  aSoldiers'  Home,  and  a  committee, 
appointed  by  Gov.  Larrabee,  located  it  at  Marshalltown, 
Marshall  Co.  The  object  of  this  institution  is  to  pro- 
vide a  home  and  subsistence  for  all  honorably  dis- 
charged soldiers,  sailors,  and  marines  who  have  served 
in  the  army  or  navy  of  the  United  States,  and  who  are 
disabled  by  disease,  wounds,  or  in  any  other  way. 
Applicants  must  have  served  in  an  Iowa  regiment,  or 
been  a  resident  of  the  state  of  Iowa  for  three  years  pre- 
vious to  the  time  of  making  application  for  admission. 

The  supervision  and  government  are  placed  in  the 
hands  of  a  board  of  commissioners,  consisting  of  six 
members,  appointed  by  the  governor  by  and  with  the 
consent  of  the  senate.  It  is  further  provided  that  all 
members  of  the  board  shall  be  ex-Union  soldiers,  and 
that  their  term  of  office  shall  be  six  years  from  the  first 
day  of  May  following  their  appointment.  The  first 
board  was  separated  by  lot  into  three  classes  of  two, 
each  to  serve  for  two,  four,  and  six  years  respectively. 


CONSTITUTION  OF  IOWA. 


Preamble.  We,  THE  PEOPLE  OF  THE    State  OF  lowA,  grateful 

to  the  Supreme  Being  for  the  blessings  hitherto 
enjoyed,  and  feeling  our  dependence  on  Him  for  a 
continuation  of  those  blessings,  do  ordain  and  estab- 
lish a  free  and  independent  government,  by  the 
name  of  The  State  of  Iowa,  the  boundaries 
whereof  shall  be  as  follows:  * 

Beginning  in  the  middle  of  the  main  channel  of  the 
Mississippi  river,  at  a  point  due  east  of  the  middle  of  the 
mouth  of  the  main  channel  of  the  Des  Moines  river, 
thence  up  the  middle  of  the  main  channel  of  the  said 
Des  Moines  river,  to  a  point  on  said  river  where  the 
Boundary.  northern   boundary   line  of  the    State   of  Missouri — as 

established  by  the  Constitution  of  that  State,  adopted 
June  12,  1820 — crosses  the  said  middle  of  the  main  chan- 
nel of  the  said  Des  Moines  river;  thence  westwardly 
along  the  said  northern  boundary  line  of  the  State  of 
Missouri,  as  established  at  the  time  aforesaid,  until  an 
extension  of  said  line  intersects  the  middle  of  the  main 
channel  of  the  Missouri  river;  thence  up  the  middle  of 
the  main  channel  of  the  said  Missouri  river  to  a  point 
opposite  to  the  middle  of  the  main  channel  of  the  Big 
Sioux  river,  according  to  Nicollet's  map;  thence  up  the 
main  channel  of  the  said  Big  Sioux  river,  according  to 
the  said  map,  until  it  is  intersected  by  the  parallel  of 
forty-three  degrees  and  thirty  minutes  north  latitude; 
thence  east  along  said  parallel  of  forty-three  degrees  and 
thirty  minutes,  until  said  parallel  intersects  the  middle 
of  the  main  channel  of  the  Mississippi  river;  thence 
down  the  middle  of  the  main  channel  of  the  said  Missis- 
sippi river  to  the  place  of  beginning. 

— 22 — 


CONSTITUTION    OF    IOWA. 


ARTICLE  I.— BILL  OF  RIGHTS. 

Section  i.  All  men  are,  by  nature,  free  and  equal, 
and  have  certain  inalienable  rights,  among  which  are 
those  of  enjoying  and  defending  life  and  liberty,  acquir- 
ing, possessing,  and  protecting  property,  and  pursuing 
and  obtaining  safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  in  the  people. 
Government  is  instituted  for  the  protection,  security, 
and  benefit  of  the  people,  and  they  have  the  right,  at 
all  times,  to  alter  or  reform  the  same,  whenever  the  pub- 
lic good  may  require  it. 

Sec.  3.  The  General  Assembly  shall  make  no  law 
respecting  an  establishment  of  religion,  or  prohibiting 
the  free  exercise  thereof;  nor  shall  any  person  be  com- 
pelled to  attend  any  place  of  worship,  pay  tithes,  taxes, 
or  other  rates,  for  building  or  repairing  places  of  worship, 
or  the  maintenance  of  any  minister  or  ministry. 

Sec.  4.  No  religious  test  shall  be  required  as  a  quali- 
fication for  any  office  of  public  trust,  and  no  person 
shall  be  deprived  of  any  of  his  rights,  privileges  or 
capacities,  or  disqualified  from  the  performance  of  any  of 
his  public  or  private  duties,  or  rendered  incompetent  to 
give  evidence  in  any  court  of  law  or  equity,  in  conse- 
quence of  his  opinions  on  the  subject  of  religion;  and 
any  party  to  any  judicial  proceeding  shall  have  the 
right  to  use  as  a  witness,  or  take  the  testimony  of,  any 
other  person,  not  disqualified  on  account  of  interest, 
who  may  be  cognizant  of  any  fact  material  to  the  case; 
and  parties  to  suits  may  be  witnesses,  as  provided  by  law. 

Sec.  5.  Any  citizen  of  this  State  who  may  here- 
after be  engaged,  either  directly  or  indirectly,  in  a  duel, 
either  as  principal  or  accessory  before  the  fact,  shall 
forever  be  disqualified  from  holding  any  office  under  the 
constitution  and  laws  of  this  State. 

Sec.  6.  All  laws  of  a  general  nature  shall  have  a 
uniform  operation;  the  General  Assembly  shall  not 
grant  to  any  citizen  or  class  of  citizens,  privileges  or 
immunities,  which  upon  the  same  terms  shall  not  equally 
belong  to  all  citizens. 

Sec.  7.  Every  person  may  speak,  write  and  publish 
his  sentiments  on  all  subjects,  being  responsible  for  the 


Rights  of 
persons. 


Polilical 
power. 


Religion. 


Religious 
test. 


Duelling^. 


Laws  uni- 
form. 


Liberty  of 
speech  and 
press. 


24 


CONSTITUTION    OF    IOWA. 


Personal  se- 
curity. 


Trial  by  jury. 


7 


Rights  of  per- 
sons accused, 


Indictment. 


Twice  tried. 
Bail. 


abuse  of  that  right.  No  law  shall  be  passed  to  restrain 
or  abridge  the  liberty  of  speech  or  of  the  press.  In  all 
prosecutions  or  indictments  for  libel,  the  truth  may  be 
given  in  evidence  to  the  jury,  and  if  it  appear  to  the  jury  • 
that  the  matter  charged  as  libelous  was  true,  and  was 
published  with  good  motives  and  for  justifiable  ends, 
the  party  shall  be  acquitted. 

Sec.  8.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers  and  effects,  against  unreasonable 
seizures  and  searches  shall  not  be  violated;  and  no  war- 
rant shall  issue  but  on  probable  cause,  supported  by 
oath  or  affirmation,  particularly  describing  the  place  to 
be  searched,  and  the  persons  and  things  to  be  seized. 

Sec.  9.  The  right  of  trial  by  jury  shall  remain  in- 
violate; but  the  General  Assembly  may  authorize  trial 
by  a  jury  of  a  less  number  than  twelve  men  in  inferior 
courts ;  but  no  person  shall  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law. 

Sec.  10.  In  all  criminal  prosecutions,  and  in  cases 
involving  the  life  or  liberty  of  an  individual,  the  accused 
shall  have  a  right  to  a  speedy  and  public  trial  by  an  im- 
partial jury;  to  be  informed  of  the  accusation  against 
him ;  to  have  a  copy  of  the  same  when  demanded ;  to 
be  confronted  with  the  witnesses  against  him ;  to  have 
compulsory  process  for  his  witnesses;  and  to  have  the 
assistance  of  counsel. 

Sec.  II.  All  offenses  less  than  felony,  and  in  which 
the  punishment  does  not  exceed  a  fine  of  one  hundred 
dollars,  or  imprisonment  for  thirty  days,  shall  be  tried 
summarily  before  a  Justice  of  the  Peace,  or  other  officer 
authorized  by  law,  on  information  under  oath,  without 
indictment,  or  the  intervention  of  a  grand  jury,  saving 
to  the  defendant  the  right  of  appeal ;  and  no  person  shall 
be  held  to  answer  for  any  higher  criminal  offense,  unless 
on  presentment  or  indictment  by  a  grand  jury,  except  in 
cases  arising  in  the  army  or  navy,  or  in  the  militia,  when 
in  actual  service,  in  time  of  war  or  public  danger. 

Sec.  12.  No  person  shall,  after  acquittal,  be  tried 
for  the  same  offense.  All  persons  shall,  before  convic- 
tion be  bailable  by  sufficient  sureties,  except  for  capital 


CONSTITUTION    OF    IOWA. 


25 


? 


7 

1 


offenses,  where  the  proof  is  evident,  or  the  presumption 
great. 

Sec.  13.  The  writ  of  habeas  corpus  shall  not  be 
suspended,  or  refused  when  application  is  made  as  re- 
quired by  law,  unless  in  case  of  rebellion  or  invasion, 
the  public  safety  may  require  it. 

Sec.  14.  The  military  shall  be  subordinate  to  the 
civil  power.  No  standing  army  shall  be  kept  up  by  the 
State  in  time  of  peace;  and  in  time  of  war,  no  appro- 
priation for  a  standing  army  shall  be  for  a  longer  time 
than  two  years. 

Sec.  15.  No  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war  except  in  the  manner  prescribed  by 
law. 

Sec.  16.  Treason  against  the  State  shall  consist 
only  in  levying  war  against  it,  adhering  to  its  enemies, 
or  giving  them  aid  and  comfort.  No  person  shall  be  con- 
victed of  treason,  unless  on  the  evidence  of  two  wit- 
nesses to  the  same  overt  act,  or  confession  in  open  court. 

Sec.  17.  Excessive  bail  shall  not  be  required;  ex- 
cessive fines  shall  not  be  imposed,  and  cruel  and  unusual 
punishment  shall  not  be  inflicted. 

Sec.  18.  Private  property  shall  not  be  taken  for 
public  use  without  just  compensation  first  being  made, 
or  secured  to  be  made,  to  the  owner  thereof,  as  soon  as 
the  damages  shall  be  assessed  by  a  jury,  who  shall  not 
take  into  consideration  any  advantages  that  may  result 
to  said  owner  on  account  of  the  improvement  for  which 
it  is  taken. 

Sec.  19.  No  person  shall  be  imprisoned  for  debt  in 
any  civil  action,  on  mesne  or  final  process,  unless  in 
case  of  fraud ;  and  no  person  shall  be  imprisoned  for  a 
military  fine  in  time  of  peace. 

Sec.  20.  The  people  have  the  right  freely  to  assem- 
ble together  to  counsel  for  the  common  good;  to  make 
known  their  opinions  to  their  representatives,  and  to 
petition  for  a  redress  of  grievances. 

Sec.  21.  No  bill  of  attainder,  ex-post- facto  law,  or 
law  impairing  the  obligation  of  contracts,  shall  ever  be 
passed. 


Habeas  cor- 
pus. 


Military. 


Quartering 
troops. 


Treason. 


Bail  punish- 
ment. 


Property. 


Imprisonment 
for  debt. 


Petition. 


Attainder. 


26 


CONSTITUTION    OF    IOWA. 


Aliens  hold 
property. 


Slavery. 


Reservation. 


Adjourn- 
ments. 


Electors. 


Privileges. 


Same. 


"  Resident." 


Exception. 


Ballot. 


Dept's  of 
government. 


Sec.  22.  Foreigners  who  are,  or  may  hereafter  be- 
come residents  of  this  State,  shall  enjoy  the  same  rights 
in  respect  to  the  possession,  enjoyment,  and  descent  of 
property,  as  native-born  citizens. 

Sec  23.  There  shall  be  no  slavery  in  this  State; 
nor  shall  there  be  involuntary  servitude,  unless  for  the 
punishment  of  crime. 

Sec.  24.  No  lease  or  grant  of  agricultural  lands, 
reserving  any  rent  or  service  of  any  kind,  shall  be  valid 
for  a  longer  period  than  twenty  years. 

Sec.  25.  The  enumeration  of  rights  shall  not  be 
construed  to  impair  or  deny  others,  retained  by  the  peo- 
ple. 

ARTICLE  II.— PIGHT  OF  SUFFRAGE. 

Section  i.  Every  male  citizen  of  the  United  States, 
of  the  age  of  twenty-one  years,  who  shall  have  been  a 
resident  of  this  State  six  months  next  preceding  the 
election,  and  of  the  county  in  which  he  claims  his  vote, 
sixty  days,  shall  be  entitled  to  vote  at  all  elections  which 
are  now  or  hereafter  may  be  authorized  by  law. 

Sec.  2.  Electors  shall,  in  all  cases  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest 
on  the  days  of  election,  during  their  attendance  at  such 
elections,  going  to  and  retiu^ning  therefrom. 

Sec.  3.  No  elector  shall  be  obliged  to  perform  mili- 
tary duty  on  the  day  of  election,  except  in  time  of  war 
or  public  danger. 

Sec.  4.  No  person  in  the  military,  naval,  or  marine 
service  of  the  United  States  shall  be  considered  a  resi- 
dent of  this  State  by  being  stationed  in  any  garrison, 
barrack,  or  military  or  naval  place  or  station  within  this 
State. 

Sec.  5.  No  idiot  or  insane  person,  or  person  con- 
victed of  any  infamous  crime,  shall  be  entitled  to  the 
privilege  of  an  elector. 

Sec.  6.  All  elections  by  the  people  shall  be  by  bal- 
lot. 

ARTICLE    III.— OF    THE    DISTRIBUTION    OF 
POWERS. 

Section  i.  The  powers  of  the  government  of  Iowa 
shall  be  divided  into  three  separate  departments:  Tht 


CONSTITUTION    OF    IOWA. 


27 


Legislative,  the  Executive  and  the  Judicial ;  and  no  per- 
son charged  with  the  exercise  of  powers  properly  belong- 
ing to  one  of  these  departments  shall  exercise  any 
function  appertaining  to  either  of  the  others,  except  in 
cases  hereinafter  expressly  directed  or  permitted. 

LEGISLATIVE  DEPARTMENT. 

Section  i.  The  Legislative  authority  of  this  State 
shall  be  vested  in  a  General  Assembly,  which  shall  con- 
sist of  a  Senate  and  House  of  Representatives;  and  the 
style  of  every  law  shall  be:  '■'^ Be  it  enacted  by  the  Gen- 
eral Assembly  of  the  State  of  loiva.''^ 

Sec.  2.  The  sessions  of  the  General  Assembly  shall 
be  biennial,  and  shall  commence  on  the  second  Monday 
in  January  next  ensuing  the  election  of  its  members; 
unless  the  Governor  of  the  State  shall,  in  the  mean- 
time, convene  the  General  Assembly  by  proclamation. 

Sec.  3.  The  members  of  the  House  ot  Representa- 
tives shall  be  chosen  every  second  year,  by  the  qualified 
electors  of  their  respective  districts,  on  the  second  Tues- 
day in  October,  except  the  years  of  the  Presidential 
election,  when  the  election  shall  be  on  the  Tuesday  next 
after  the  first  Monday  in  November;  and  their  term  of 
office  shall  commence  on  the  first  day  of  January  next 
after  thelir  election,  and  continue  two  years,  and  until 
their  successors  are  elected  and  qualified. 

Sec.  4.  No  person  shall  be  a  member  of  the  House 
of  Representatives  who  shall  not  have  attained  the  age 
of  twenty-one  years,  be  a  male  citizen  of  the  United 
States,  and  shall  have  been  an  inhabitant  of  this  State 
one  year  next  preceding  his  election,  and  at  the  time  of 
his  election  shall  have  had  an  actual  residence  of  sixty 
daj's  in  the  county  or  district  he  may  have  been  chosen 
to  represent. 

Sec.  5.  Senators  shall  be  chosen  for  the  term  of 
four  years,  at  the  same  time  and  place  as  Representa- 
tives; they  shall  be  twenty-five  years  of  age,  and  possess 
the  qualifications  of  Representatives  as  to  residence  and 
citizenship. 

Skc.  6.  The  number  of  Senators  shall  not  be  less 
than  one-third  nor  more  than  one-half  the  Representa- 
tive body;   and  shall  be  so  classified  by  lot,  that  one 


Authority. 


Sessions. 


Members  of 
house  of  rep- 
resentative*. 


Eligibility 


Senators. 


.Same — 
cliissed. 


28 


CONSTITUTION    OF    IOWA. 


Elections  de- 
termined. 


Quorum. 


Authority  of 
the  House. 


Protest. 


Privilege. 


Vacancies. 


Doors  open. 


class  being  as  nearly  one-half  as  possible,  shall  be 
elected  every  two  years.  When  the  number  of  Sena- 
tors  is  increased,  they  shall  be  annexed  by  lot  to  one  or 
the  other  of  the  two  classes,  so  as  to  keep  them  as  nearly 
equal  in  numbers  as  practicable. 

Sec.  7.  Each  House  shall  choose  its  own  officers, 
and  judge  of  the  qualification,  election  and  return  of  its 
own  members.  A  contested  election  shall  be  determined 
in  such  manner  as  shall  be  directed  by  law. 

Sec.  8.  A  majority  of  each  House  shall  constitute 
a  quorum  to  transact  business;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  compel  the 
attendance  of  absent  members  in  such  manner  and 
under  such  penalties  as  each  House  may  provide. 

Sec.  9.  Each  House  shall  sit  upon  its  own  adjourn- 
ments, keep  a  journal  of  its  proceedings,  and  publish  the 
same;  determine  its  rules  of  proceedings,  punish  mem- 
bers for  disorderly  behavior,  and,  with  the  consent  of 
two-thirds,  expel  a  member,  but  not  a  second  time  for 
the  same  offense;  and  shall  have  all  other  power  neces- 
sary for  a  branch  of  the  General  Assembly  of  a  free  and 
independent  State. 

Sec.  id.  Every  member  of  the  General  Assembly 
shall  have  the  liberty  of  dissent  from  or  protest  against 
any  act  or  resolution  which  he  may  think  injurious  to 
the  public  or  an  individual,  and  have  the  reasons  for  his 
dissent  entered  on  the  journals;  and  the  yeas  and  nays 
of  the  members  of  either  House,  on  any  question,  shall, 
at  the  desire  of  any  two  members  present,  be  entered 
on  the  journals. 

Sec.  II.  Senators  and  Representatives,  in  all  caseS; 
except  treason,  felony,  or  breach  of  the  peace,  shall  be 
privileged  from  arrest  during  the  session  of  the  General 
Assembly,  and  in  going  to  and  returning  from  the  same. 

Sec.  12.  When  vacancies  occur  in  either  House,  the 
Governor,  or  the  person  exercising  the  functions  of  Gov- 
ernor, shall  issue  writs  of  election  to  fill  such  vacancies. 

Sec.  13.  The  doors  of  each  House  shall  be  open, 
except  on  such  occasions  as,  in  '.he  opinion  of  the  House, 
may  require  secrecy. 


CONSTITUTION    OF    IOWA. 


29 


Bills. 


To  be  approv- 
ed, etc. 


Sec.  14.     Neither  House  shall,  without  the  consent     Adjournment, 
of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  place  than  that  in  which  they  may  be  sitting. 

Sec.  15.  Bills  may  originate  in  either  House,  and 
may  be  amended,  altered  or  rejected  by  the  other;  and 
every  bill  having  passed  both  Houses,  shall  be  signed  by 
the  Speaker  and  President  of  their  respective  Houses. 

Sec.  16.  Every  bill  which  shall  have  passed  the 
General  Assembly  shall,  before  it  becomes  a  law,  be 
presented  to  the  Governor.  If  he  approve,  he  shall  sign 
it;  but  if  not,  he  shall  return  it,  with  his  objections,  to 
the  House  in  which  it  originated,  which  shall  enter  the 
same  upon  their  journal,  and  proceed  to  reconsider  it; 
if,  after  such  reconsideration,  it  again  pass  both  Houses, 
by  yeas  and  nays,  by  a  majority  of  two-thirds  of  the 
members  of  each  House,  it  shall  become  a  law,  notwith- 
standing the  Governor's  objections.  If  any  bill  shall 
not  be  returned  within  three  days  after  it  shall  have  been 
presented  to  him  (Sunday  excepted),  the  same  shall  be 
a  law  in  like  manner  as  if  he  had  signed  it,  unless  the 
General  Assembly,  by  adjournment,  prevent  such  return. 
Any  bill  submitted  to  the  Governor  for  his  approval 
during  the  last  three  days  of  a  session  of  the  General 
Assembly,  shall  be  deposited  by  him  in  the  office  of  the 
Secretary  of  State  within  thirty  days  after  the  adjourn- 
ment, with  his  approval,  if  approved  by  him,  and  with 
his  objections  if  he  disapproves  thereof. 

Sec.  17.     No  bill  shall  be  passed  unless  by  the  assent    Same. 
of  a  majority  of  all  the  members  elected  to  each  branch 
of  the  General    Assembly,  and  the  question  upon  the 
final   passage  shall  be  taken  immediately  upon  its  last 
reading,  and  the  yeas  and  nays  entered  upon  the  journal 

Sec.  18.  An  accurate  statement  of  the  receipts  and 
expenditures  of  the  public  money  shall  be  attached  to 
and  published  with  the  laws  at  every  regular  session  of 
the  General  Assembly. 

Sec.  19.     The  House  of  Representatives  shall  have     impeachment 
the  sole  power  of  impeachment  and    all  impeachments 
shall  be  tried  by  the  Senate.     When  sitting  for  that  pur- 
pose, the  Senators  shall  be  upon  oath  or  affirmation ;  and 


Receipts  and 
expenditures. 


so 


CONSTITUTION    OF    IOWA. 


Who  liable  to 
judgment. 


Members  not 
appointed  to 
omces. 


Disqualifica- 
tion. 


Same, 


Money  drawn 


Compensa- 
tion of  mem 
bers. 


no  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  members  present. 

Sec.  20.  The  Governor,  Judges  of  the  Supreme 
and  District  Courts,  and  other  State  officers,  shall  be 
liable  to  impeachment  for  any  misdemeanor  or  malfea- 
sance in  office;  but  judgment  in  such  cases  shall  extend 
only  to  removal  from  office  and  disqualification  to  hold 
any  office  ot  honor,  trust,  or  profit  under  this  State;  but 
the  party  convicted  or  acquitted  shall  nevertheless  be 
liable  to  indictment,  trial,  and  punishment  according  to 
law.  All  other  civil  officers  shall  be  tried  for  misde- 
meanors and  malfeasance  in  office,  in  such  manner  as 
the  General  Assembly  may  provide. 

Sec.  21.  No  Senator  or  Representative  shall,  during 
the  time  for  which  he  shall  have  been  elected,  be  appointed 
to  any  civil  office  of  profit  under  this  State,  which  shall 
have  been  created  or  the  emoluments  of  which  shall 
have  been  increased  during  such  term,  except  such 
offices  as  may  be  filled  by  elections  by  the  people. 

Sec.  22,  No  person  holding  any  lucrative  office 
under  the  United  States,  or  this  State,  or  any  other 
power,  shall  be  eligible  to  hold  a  seat  in  the  General 
Assembly;  but  offices  in  the  militia,  to  which  there  is 
attached  no  annual  salary,  or  the  office  of  justice  of  the 
peace,  or  postmaster,  whose  compensation  does  not 
exceed  one  hundred  dollars  per  annum,  or  notary  public, 
shall  not  be  deemed  lucrative. 

Sec.  23.  No  person  who  may  hereafter  be  a  collec- 
tor or  holder  of  public  moneys,  shall  have  a  seat  in 
either  House  of  the  General  Assembly,  or  be  eligible  to 
hold  any  office  of  trust  or  profit  in  this  State,  until  he 
shall  have  accounted  for  and  paid  into  the  treasury  all 
sums  for  which  he  may  be  liable. 

Sec.  24.  No  money  shall  be  drawn  from  the  treasury 
but  in  consequence  of  appropriations  made  by  law. 

Sec.  25.  Each  member  of  the  first  General  Assem- 
■  bly  under  this  Constitution  shall  receive  three  dollars 
per  diem  while  in  session;  and  the  further  sum  of  three 
dollars  for  every  twenty  miles  traveled  in  going  to  and 
returning  from  the  place  where  such  session  is  held, 
by  the  nearest  traveled   route;  after  which  they  shall 


CONSTITUTION    OF    IOWA. 


3» 


receive  such  compensation  as  shall  be  fixed  by  law ;  but 
no  General  Assembly  shall  have  the  power  to  increase 
the  compensation  of  its  members.  And  when  convened 
in  extra  session  they  shall  receive  the  same  mileage  and 
per  diem  compensation  as  fixed  by  law  for  the  regular 


session,  and  none  other. 


Sec.  26.  No  law  of  the  General  Assembly,  passed 
at  a  regular  session,  of  a  public  nature,  shall  take  effect 
until  the  fourth  day  of  July  next  after  the  passage 
thereof.  Laws  passed  at  a  special  session  shall  take 
effect  ninety  days  after  the  adjournment  of  the  General 
Assembly  by  which  they  were  passed.  If  the  General 
Assembly  shall  deem  any  law  of  immediate  importance, 
they  may  provide  that  the  same  shall  take  effect  by 
publication  in  newspapers  in  the  State. 

Sec.  27.  No  divorce  shall  be  granted  by  the  Gene- 
ral Assembly. 

Sec.  28.  No  lottery  shall  be  authorized  by  this 
State;  nor  shall  the  sale  of  lottery  tickets  be  allowed. 

Sec.  29.  Every  act  shall  embrace  but  one  subject, 
and  matters  properly  connected  therewith,  which  subject 
shall  be  expressed  in  the  title;  but  if  any  svibject  shall  be 
embraced  in  an  act  which  shall  not  be  expressed  in  the 
title,  such  act  shall  be  void  only  as  to  so  much  thereof 
as  shall  not  be  expressed  in  the  title. 

Sec.  30.  The  General  Assembly  shall  not  pass 
local  or  special  laws  in  the  following  cases: 

For  the  assessment  and  collection  of  taxes  for  State, 
county,  or  road  purposes ; 

For   laying   out,    opening,    and    working 
highways ; 

jFor  changing  the  names  of  persons; 

For  the  incorporation  of  cities  and  towns; 

For  vacating  roads,  town  plats,  streets,  alleys,  or 
public  squares; 

For  locating  or  changing  county  seats. 

In  all  the  cases  above  enumerated,  and  in  all  other 
cases  where  a  general  law  can  be  made  applicable,  all 
laws  shall  be  general,  and  of  uniform  operation  through- 
out the  State;  and  no  law  changing  the  boundary  lines 
of  any  county  shall  have  effect  until,  upon  being  submit- 


roads    or 


Laws. 


Publication. 
Divorce. 

Lotteries. 
Acts. 


Local  or  spec- 
ial Jaws. 


32 


CONSTITUTION    OF    IOWA. 


Extra  com- 
pensation. 


Oath  of  mem- 
bers. 


Census. 


Apportionment, 


Districts. 


ted  to  the  people  of  the  counties  affected  by  the  change, 
at  a  general  election,  it  shall  be  approved  by  a  majority 
of  the  votes  in  each  county,  cast  for  and  against  it. 

Sec.  31.  No  extra  compensation  shall  be  made  to 
any  officer,  public  agent,  or  contractor,  after  the  service 
shall  have  been  rendered,  or  the  contract  entered  into; 
nor  shall  any  money  be  paid  on  any  claim,  the  subject 
matter  of  which  shall  not  have  been  provided  for  by 
pre-existing  laws,  and  no  public  money  or  property 
shall  be  appropriated  for  local  or  private  purposes,  unless 
such  appropriation,  compensation  or  claim  be  allowed 
by  two-thirds  of  the  members  elected  to  each  branch  of 
the  General  Assembly. 

Sec.  32.  Members  of  the  General  Assembly  shall, 
before  they  enter  upon  the  duties  of  their  respective 
offices,  take  and  subscribe  the  followmg  oath  or  affirma- 
tion :  "I  do  solemnly  swear  (or  affirm  as  the  case  may  be) 
that  I  will  support  the  Constitution  of  the  United  States, 
and  the  constitution  of  the  State  of  Iowa,  and  that  I  will 
faithfully  discharge  the  duties  of  Senator  (or  Represen- 
tative, as  the  case  may  be),  according  to  the  best  of  my 
ability ;"  and  members  of  the  General  Assembly  are 
hereby  empowered  to  administer  to  each  other  the  said 
oath  or  affirmation. 

Sec.  33.  The  General  Assembly  shall,  in  the  years 
one  thousand  eight  hundred  and  fifty-nine,  one  thousand 
eicrht  hundred  and  sixty-three,  one  thousand  eight  hun- 
dred and  sixty-five,  one  thousand  eight  hundred  and 
sixty-seven,  one  thousand  eight  hundred  and  sixty- 
nine,  one  thousand  eight  hundred  and  seventy-five,  and 
every  ten  years  thereafter,  cause  an  enumeration  to  be 
made  of  all  the  inhabitants  of  the  State. 

Sec.  34.  The  number  of  Senators  shall,  at  the  next 
session  following  each  period  of  making  such  enumera- 
tion, and  the  next  session  following  each  United  States 
census,  be  fixed  by  law,  and  apportioned  among  the 
several  counties  according  to  the  number  of  inhabitants 
in  each. 

Sec.  315.  The  Senate  shall  not  consist  of  more  than 
fifty  members,  nor  the  House  of  Representatives  of 
more  than  one  hundred ;  and  they  shall  be  apportioned 


CONSllTUTION    OF    IOWA. 


33 


jtmong  the  several  counties  and  representative  districts 
of  the  State  according  to  the  number  of  inhabitants  in 
each,  upon  ratios  to  be  fixed  by  law ;  but  no  represen- 
tative district  shall  contain  more  than  four  organized 
counties,  and  each  district  shall  be  entitled  to  at  least 
one  Representative.  Every  county  and  district  which 
shall  have  a  number  of  inhabitants  equal  to  one-half  of 
the  ratio  fixed  by  law,  shall  be  entitled  to  one  Rearesen- 
tative;  and  any  one  county  containing,  in  addition  to 
the  ratio  fixed  by  law,  one-half  of  that  number,  or  more, 
shall  be  entitled  to  one  additional  Representative.  No 
floating  district  shall  hereafter  be  formed. 

Sec.  36.  At  its  first  session  under  this  Constitution, 
and  at  every  subsequent  regular  session,  the  General 
Assembly  shall  fix  the  ratio  of  representation,  and  also 
form  into  representative  districts  those  counties  which 
will  not  be  entitled  singly  to  a  Representative. 

Sec.  37.  When  a  Congressional,  Senatorial,  or 
Representative  district  shall  be  composed  of  two  or 
more  counties,  it  shall  not  be  entirely  separated  by  any 
county  belonging  to  another  district;  and  no  county 
shall  be  divided  in  forming  a  Congressional,  Senatorial, 
or  Representative  district. 

Sec.  38.  In  all  elections  by  the  General  Assembly, 
the  members  thereof  shall  vote  Viva  Voce;  and  the 
votes  shall  be  entered  on  the  journal. 


Rates  of  rep- 
resentation. 


Districts. 


Elections  by 
general  as- 
sembly. 


ARTICLE  IV.— EXECUTIVE  DEPARTMENT. 


Section  i.  The  supreme  executive  power  of  this 
State  shall  be  vested  in  a  Chief  Magistrate,  who  shall 
be  styled  the  Governor  of  the  State  of  Iowa. 

Sec.  2.  The  Governor  shall  be  elected  by  the  quali- 
fied electors  at  the  time  and  place  of  voting  for  members 
of  the  General  Assembly,  and  shall  hold  his  office  two 
years  from  the  time  of  his  installation,  and  until  his 
successor  is  elected  and  qualified. 

Sec.  3.  There  shall  be  a  Lieutenant-Governor,  who 
shall  hold  his  office  two  years,  and  be  elected  at  the 
same  time  as  the  Governor.  In  voting  for  Governor 
and  Lieutenant-Governor,  the  electors  shall  designate 
for  whom   they   vote  as  Governor,   and   for  whom  as 

3 


Governor. 


Election  and 
term. 


Lieiitenant 
Governor. 


34 


CONSTITUTION    Oi?    IOWA. 


Returns  of  elec- 
tions. 


Contested 
elections. 


Elig-ibility. 


Command. 
Duties. 


Same. 
Vacancies. 


Convening^ 
assembly. 


Lieutenant-Governor.  The  returns  of  every  election 
for  Governor  and  Lieutenant-Governor  shall  be  sealed 
U11  and  transmitted  to  the  seat  of  Government  of  the 
State,  directed  to  the  Speaker  of  the  House  of  Repre- 
sentatives, who  shall  open  and  publish  them  in  the  pres- 
ence of  both  Houses  of  the  General  Assembly. 

Sec.  4.  The  persons  respectively  having  the  highest 
number  of  votes  for  Governor  and  Lieutonant-Governor 
shall  be  declared  duly  elected;  but  in  case  two  or  more 
persons  shall  have  an  equal,  and  the  highest  number  of 
votes  for  either  office,  the  General  Assembly  shall,  by 
joint  vote,  forthwith  proceed  to  elect  one  of  said  pc.rsons 
Governor,  or  Lieutenant-Governor,  as  the  case  may  be. 

Sec.  5.  Conte^ted  elections  for  Governor  or  Lieu- 
tenant-Governor, shall  be  determined  by  the  General 
Assembly  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  6.  No  person  shall  be  eligible  to  the  office  of 
Governor  or  Lieutenant-Governor,  who  shall  not  ha^  e 
been  a  citizen  of  the  United  States  and  a  resident  of  the 
State  two  years  next  preceding  the  election,  and  attained 
the  age  of  thirty  years  at  the  time  of  said  election. 

Sec.  7.  The  Governor  shall  be  commander-in-chief 
of  the  militia,  the  army  and  navy  of  this  State. 

Sec.  S.  He  shall  transact  all  e.xecutive  business  with 
t\.e  officers  of  government,  civil  and  military,  and  may 
require  information  in  writing  from  the  officers  of  the 
Executive  Department  upon  any  subject  relating  to  the 
duties  of  their  respective  offices. 

Sec.  9.  He  shall  take  care  that  the  laws  are  faith- 
fully executed. 

Sec.  10.  When  any  office  shall,  from  any  cause, 
become  vacant,  and  no  mode  is  provided  by  the  Consti- 
stution  and  laws  for  filling  such  vacancy,  the  Goveinor 
shall  have  power  to  fill  such  vacancy  by  granting  a  com- 
mission, which  sliall  expire  at  the  end  of  the  next  session 
of  the  General  Assembly,  or  at  the  next  election  by  the 
people. 

Sec.  II.  He  may,  on  exti-aordinary  occasions,  con- 
vene the  General  Assembly  by  proclamation,  and  shall 
state  to  both  Houses,  when  assembled,  the  purpose  for 
which  they  shall  have  been  convened. 


CONSTITUTION    OF    IOWA. 


35 


Disqualifica- 
tion. 


Term. 


Sec,  12.     He  shall  communicate,  by  message,  to  the     Message. 
General  Assembly,  at  every  regular  session,  the  condi- 
tion of  the  State,  and   recommend  such  matters  as  he 
shall  deem  expedient. 

Sec.  13.  In  case  of  disagreement  between  the  two  Adjournment 
Houses  with  respect  to  the  time  of  adjournment,  the 
Governor  shall  have  power  to  adjourn  the  General  As- 
sembly to  such  time  as  he  may  think  proper;  but  no 
such  adjournment  shall  be  beyond  the  time  fixed  for  the 
regular  meeting  of  the  next  General  Assembly. 

Sec.  14.  No  person  shall,  while  holding  any  office 
under  the  authority  of  the  Unitcil  States,  or  this  State, 
execute  the  office  of  Governor  or  Lieutenant-Governor, 
except  as  hereinafter  expressly  provided. 

Sec.  15.  The  official  term  of  the  Governor  and  Lieu- 
tenant-Governor, shall  commence  on  the  second  Monday 
of  January  next  after  their  election,  and  continue  for  two 
years,  and  until  their  successors  are  elected  and  qualified. 
The  Lieutenant-Governor,  while  acting  as  Governor, 
shall  receive  the  same  pay  as  provided  for  Governor; 
and  while  presiding  in  the  Senate,  shall  receive  as  com- 
pensation therefor  the  same  mileage  and  double  the  per 
diem  pay  provided  for  a  Senator,  and  none  other. 

.Sec.  76.  The  Governor  shall  have  power  to  grant  P.irdons,  etc. 
reprieves,  commutations  and  pardons,  after  conviction, 
for  all  offenses  except  treason  and  cases  of  impeach- 
ment, subject  to  such  regulations  as  may  be  provided  by 
law.  Upon  conviction  for  treason,  he  shall  have  power 
to  suspend  the  execution  of  the  sentence  until  the  case 
shall  be  reported  to  the  General  Assembly  at  its  next 
meeting,  when  the  General  Assembly  shall  either  grant 
a  pardon,  commute  the  sentence,  direct  the  execution  of 
the  sentence,  or  grant  a  further  reprieve.  He  shall  have 
power  to  remit  fines  and  forfeitures,  under  sucli  regula- 
tions as  may  be  prescribed  by  law;  and  shall  report  to 
the  General  Assembly,  at  its  next  meeting,  each  case  of 
reprieve,  commutation,  or  pardon  granted,  and  the  reason 
'.herefor;  and  also  all  persons  in  whose  favor  remission 
of  fines  and  forfeitures  shall  have  been  made,  and  the 
several  amounts  remitted. 


36 


COWbTlTUTloN    OJf    IOWA, 


Lieutenant 
act  as  gov- 


Further  va- 
cancies pro- 
vided for. 


Same. 


Seal  of  State. 


Commissions, 
etc. 


Secretary, 
Auditor, 
and  Treas- 


Courts. 


Sec.  17.  In  case  of  the  death,  Impeachtnent,  resig- 
nation, removal  from  office,  or  other  disability  of  the 
Governor,  the  powers  and  duties  of  the  office  for  the 
residue  of  the  term,  or  until  he  shall  be  acquitted,  or  the 
disability  removed,  shall  devolve  upon  the  Lieutenant- 
Governor. 

Sec.  18.  The  Lieutenant-Governor  shall  be  Presi- 
dent of  the  Senate,  but  shall  only  vote  when  the  Senate 
is  equally  divided ;  and  in  case  of  his  absence  or  impeach- 
ment, or  when  he  shall  exercise  the  office  of  Governor, 
the  Senate  shall  choose  a  President  :pro  tempore. 

Sec.  19.  If  the  Lieutenant-Governor,  while  acting 
as  Governor,  shall  be  impeached,  displaced,  resign  or 
die,  or  otherwise  become  incapable  of  performing  the 
duties  of  the  office,  the  President  pro  tetnpore  of  the 
Senate  shall  act  as  Governor  until  the  vacancy  is  filled, 
or  the  disability  removed;  and  if  the  President  of  the 
Senate,  for  any  of  the  above  causes,  shall  be  rendered 
incapable  of  performing  the  duties  pertaining  to  the 
office  of  Governor,  the  same  shall  devolve  upon  the 
Speaker  of  the  House  of  Representatives. 

Sec  20.  There  shall  be  a  seal  of  this  State,  which 
shall  be  kept  by  the  Governor,  and  used  by  him  officially, 
and  shall  be  called  the  Great  Seal  of  the  State  of  Iowa. 

Sec.  21.  All  grants  and  commissions  shall  be  in  the 
name  and  by  the  authority  of  the  people  of  the  State  of 
Iowa,  sealed  with  the  Great  Seal  of  the  State,  signed  by 
the  Governor,  and  countersigned  by  the  Secretary  of 
State. 

Sec.  22.  A  Secretary  of  State,  Auditor  of  State,  and 
Treasurer  of  State,  shall  be  elected  by  the  qualified 
electors,  who  shall  continue  in  office  two  years,  and 
until  their  successors  are  elected  and  qualified,  and  per- 
form such  duties  as  may  be  required  by  law. 

ARTICLE  v.— JUDICIAL  DEPARTMENT. 

Section  i.  I'he  Judicial  power  shall  be  vested  in  a 
Supreme  Court,  District  Court,  and  such  other  Courts, 
Inferior  to  the  Supreme  Court,  as  the  General  Assembly 
may,  from  time  to  time,  establish. 


CONSTITUTION    OF    IOWA. 


37 


Sec.  2.     The  Supreme  Court  shall  consist  of  three     Supreme 
Judges,  two  of  whom  shall  constitute  a  quorum  to  hold 
Court. 

Sec.  3.  The  Judges  of  the  Supreme  Court  shall  be  J"^^"^^ 
elected  bj  the  qualified  electors  of  the  State,  and  shall 
hold  their  Court  at  such  time  and  place  as  the  General 
Assembly  may  prescribe.  The  Judges  of  the  Supreme 
Court,  so  elected,  shall  be  classified  so  that  one  Judge 
shall  go  out  of  office  every  two  years;  and  the  Judge 
holding  the  shortest  term  of  office,  under  such  classifica- 
tion, shall  be  Chief  Justice  of  the  Court  during  his  term, 
and  so  on  in  rotation.  After  the  expiration  of  their  terms 
of  office,  under  such  classification,  the  term  of  each 
Judge  of  the  Supreme  Court  shall  be  six  years,  and 
until  his  successor  shall  have  been  elected  and  qualified. 
The  Judges  of  the  Supreme  Court  shall  be  ineligible  to 
any  other  office  in  the  State  during  the  term  for  which 
they  have  been  elected. 

Sec.  4.  The  Supreme  Court  shall  have  appellate  Jurisdiction, 
jurisdiction  only  in  cases  in  chancery,  and  shall  consti- 
tute a  Court  for  the  correction  of  errors  at  law,  undei 
such  restrictions  as  the  General  Assembly  may  by  law 
prescribe;  and  shall  have  power  to  issue  all  writs  and 
process  necessary  to  secure  justice  to  parties,  and  exercise 
a  supervisory  control  over  all  inferior  judicial  tribunals 
throughout  the  State, 


District  judff- 
es  elected. 


Sec.  5.  The  District  Court  shall  consist  of  a  single 
Judge,  who  shall  be  elected  by  the  qualified  electors  of 
the  District  in  which  he  resides.  The  Judge  of  the 
District  Court  shall  hold  his  office  for  the  term  of  four 
years,  and  until  his  successor  shall  have  been  elected  and 
qualified;  and  shall  be  ineligible  to  any  other  office, 
except  that  of  Judge  of  the  Supreme  Court,  during  the 
term  for  which  he  was  elected. 

Sec.  6.     The  District  Court  shall  be  a  Court  of  law     Jurisdiction 
and  equity,  which  shall  be  distinct  and  separate  jurisdc- 
tions,     and     have    jurisdiction    in    civil    and    criminal 
matters   arising   in    their    respective   districts   in    such 
manner  as  shall  be  prescribed  by  law. 


38 


CONSTITUTION    OF    IOWA. 


Conservators 
of  the 
peace. 


Style  of  pro- 
cess. 


Salaries. 


Judicial  dis- 
tricts. 


When  chosen. 


Attorney-gen- 
eral. 


Elected;  dis- 
qualification. 


Sec.  7.  The  Judges  of  the  Supreme  and  District 
Courts  shall  be  conservators  of  the  peace  throughout 
the  State. 

Sec.  8.  The  style  of  all  process  shall  be,  "  The 
State  of  Iowa,"  and  all  prosecutions  shall  be  conducted 
in  the  name  and  by  the  authority  of  the  same. 

Sec.  9.  The  salary  of  each  Judge  of  the  Supreme 
Court  shall  be  two  thousand  per  annum,  and  that  of 
each  District  Judge  one  thousand  six  hundred  dollars 
per  annum,  until  the  year  eighteen  hundred  and  sixty; 
after  which  time  they  shall  severally  receive  such  com- 
pensation as  the  General  Assembly  may,  by  law, 
prescribe,  which  compensation  shall  not  be  increased  or 
diminished  during  the  term  for  which  they  shall  have 
been  elected. 

Sec.  10.  The  State  shall  be  divided  into  eleven 
Judicial  Districts,  and  after  the  year  eighteen  hundred 
and  sixty,  the  General  Assembly  may  reorganize  the 
Judicial  Districts,  and  increase  or  diminish  the  number 
of  Districts,  or  the  number  of  Judges  of  the  said  Court, 
and  may  increase  the  number  of  Judges  of  the  Supreme 
Court;  but  such  increase  or  diminution  shall  not  be 
more  than  one  District,  or  one  Judge  of  either  Court, 
at  any  one  session,  and  no  reorganization  of  the  Districts, 
or  dimunition  of  the  number  of  Judges,  shall  have  the 
effect  of  removing  a  Judge  from  office.  Such  reorgani- 
zation of  the  Districts,  or  any  change  in  the  boundaries 
thereof,  or  increase  or  dimunition  of  the  number  of 
Judges,  shall  take  place  every  four  years  thereafter,  if 
necessary,  and  at  no  other  time. 

Sec.  II.  The  Judges  of  the  Supreme  and  District 
Courts  shall  be  chosen  at  the  general  election ;  and  the 
term  of  office  of  each  Judge  shall  commence  on  the  first 
day  of  January  next  after  his  election. 

Sec.  12.  The  General  Assembly  shall  provide  by 
law  for  the  election  of  an  Attorney-General  by  the 
people,  whose  term  of  office  shall  be  two  years,  and 
until  his  successor  shall  have  been  elected  and  qualified. 

Sec.  13.  The  qualified  electors  of  each  Judicial 
District  shall,  at  the  time  of  the  election  of  District 
Judge,  elect  a  District  Attorney,  wlio  shall  be  a  resident 


CONSTITUTION    OF    IOWA. 


39 


of  the  District  for  which  he  is  elected,  and  who  shall 
hold  his  office  for  the  term  of  four  years,  and  until  his 
successor  shall  have  been  elected  and  qualified. 

Sec.  14.  It  shall  be  the  duty  of  the  General  Assem- 
bly to  provide  for  the  carrying  into  effect  of  this  article, 
and  to  provide  for  a  general  system  of  practice  in  all  the 
Courts  of  this  State. 


Duty  of  gen 
eral  assem 
bly. 


Who  consti- 
tute. 


Officers. 


ARTICLE  VI.— MILITIA. 

Section  i.  The  militia  of  this  State  shall  be  com- 
posed of  all  able-bodied  male  citizens  between  the  ages 
of  eighteen  and  forty-five  years,  except  such  as  are,  or  ' 
may  hereafter  be,  exempt  by  the  laws  of  the  United 
States,  or  of  this  state,  and  shall  be  armed,  equipped, 
and  trained,  as  the  General  Assembly  may  provide  by 
law. 

Sec.  2.     No  person  or  persons  conscientiously  scru-     Qualification 
pulous  of  bearing  arms  shall  be  compelled  to  do  military 
duty   in    time  of  peace ;  Provided^  that  such  person  or 
persons  shall  pay  an  equivalent  for  such  exemption  in 
the  same  manner  as  other  citizens. 

Sec.  3.  All  commissioned  officers  of  the  militia  (staff 
officers  excepted)  shall  be  elected  by  persons  liable  to 
perform  military  duty,  and  shall  be  commissioned  by  the 
Governor. 

ARTICLE  VII.— STATE  DEBTS. 

Section  i.  The  credit  of  the  State  shall  not,  in  any 
manner,  be  given  or  loaned  to,  or  in  aid  of,  any  individ- 
ual, association  or  corporation;  and  the  State  shall  never 
assume,  or  become  responsible  for,  the  debts  or  liabilities 
of  any  individual,  association,  or  corporation,  unless 
incurred  in  time  of  war  for  the  benefit  of  the  State. 

Sec.  2.  The  State  may  contract  debts  to  supply 
casual  deficits  or  failures  in  revenues,  or  to  meet  expen- 
ses not  otherwise  provided  for ;  but  the  aggregate  amount 
of  such  debts,  direct  and  contingent,  whether  contracted 
by  virtue  of  one  or  more  acts  of  the  General  Assembly, 
or  at  different  periods  of  time,  shall  never  exceed  the 
sum  of  two  hundred  and  fifty  thousand  dollars,  and  the 
money  arising  from  the  creation  of  such  debts  shall  be 
applied  to  the  purpose  for  which  it  was  obtained,  or  to 


Limitation  of 
State  in- 
debtedness. 


Same. 


40 


CONSTITUTION    OF    IOWA. 


I^osses  to 

school -fund 
audited. 


For  what 
other  pur- 
pose State 
may  con- 
tract debts. 


(a).    Other 

debts  to  be 
authorized 
by  special 
law. 


fb).     Submit- 
ted to  the 
people. 


repay  the  debts  so  contracted,  and  to  no  other  purpose 
whatever. 

Sec.  3.  All  losses  to  the  Permanent,  School,  or 
University  fund  of  this  State,  which  shall  have  been 
occasioned  by  the  defalcation,  mismanagement  or  fraud 
of  the  agents  or  officers  controlling  and  managing  the 
same,  shall  be  audited  by  the  proper  authorities  of  the 
State.  The  amount  so  audited  shall  be  a  permanent 
funded  debt  against  the  vState,  in  favor  of  the  respective 
fund,  sustaining  the  loss,  upon  which  not  less  than  six 
per  cent,  annual  interest  shall  be  paid.  The  amount  of 
liability  so  created  shall  not  be  counted  as  a  part  of  the 
indebtedness  authorized  by  the  second  section  of  this 
article. 

Sec.  4.  In  addition  to  the  above  limited  power  to 
contract  debts,  the  State  may  contract  debts  to  repel 
invasion,  suppress  insurrection,  or  defend  the  State  in 
war;  but  the  money  arising  from  the  debts  so  contracted 
shall  be  applied  to  the  purpose  for  which  it  was  raised, 
or  to  repay  such  debts,  and  to  no  other  purpose  what- 
ever. 

Sec.  5.  Except  the  debts  hereinbefore  specified  in 
this  article,  no  debt  shall  be  hereafter  contracted  oy  or 
on  behalf  of  this  State,  unless  such  debt,  shall  be  autho- 
rized by  some  law  for  some  single  work  or  object,  to  be 
distinctly  specified  therein ;  and  such  law  shall  impose 
and  provide  for  the  collection  of  a  direct  annual  tax, 
sufficient  to  pay  the  interest  on  such  debt,  as  it  falls  due, 
and  also  to  pay  and  discharge  the  principal  of  such  debt, 
within  twenty  years  from  the  time  of  the  contracting 
thereof;  but  no  such  law  shall  take  effect  until,  at  a  gen- 
eral election,  it  shall  have  been  submitted  to  the  people, 
and  have  received  a  majority  of  all  the  votes  cast  for  and 
against  it  at  such  election;  and  all  money  raised  by 
authority  of  such  law,  shall  be  applied  only  to  the 
specific  object  therein  stated,  or  to  the  payment  of  the 
debt  created  thereby;  and  such  law  shall  be  published  in 
at  least  one  newspaper  in  each  county,  if  one  is  pub- 
lished therein,  throughout  the  State,,  for  three  months 
preceding  the  election  at  which  it  is  submitted  to  the 
people. 


CONSTITUTION    OF    IOWA. 


41 


Sec.  6.  The  Legislature  may,  at  any  time  after  tlie 
approval  of  such  law  by  the  people,  if  no  debt  shall  have 
been  contracted  in  pursuance  thereof,  repeal  the  same, 
and  may  at  any  time  forbid  the  contracting  of  any 
further  debt  or  liability  under  such  law;  but  the  tax 
imposed  by  such  law,  in  proportion  to  the  debtor  liability 
which  may  have  been  contracted  in  pursuance  thereof, 
shall  remain  in  force  and  be  irrepealable,  and  be  annually 
collected,  until  the  principal  and  interest  are  fully  paid. 

Sec.  7.  Every  law  which  imposes,  continues,  or 
revives  a  tax,  shall  distinctly  state  the  tax,  and  the  object 
to  which  it  is  to  be  applied;  and  it  shall  not  be  sufficient 
to  refer  to  any  other  law  to  fix  such  tax  or  object. 

ARTICLE  VIIL— CORPORATIONS. 

Section  i.  No  corporation  shall  be  created  by 
special  laws;  but  the  General  Assembly  shall  provide, 
by  general  laws,  for  the  organization  of  all  corporations 
hereafter  to  be  created,  except  as  hereinafter  provided. 

Sec.  2.  The  property  for  all  corporations  for  pecu- 
niary profit  shall  be  subject  to  taxation,  the  same  as  that 
of  individuals. 

Sec.  3.  The  State  shall  not  become  a  stockholder  in 
any  corporation,  nor  shall  it  assume  or  pay  the  debt  or 
liability  of  any  corporation,  unless  incurred  in  time  of 
war,  for  the  benefit  of  the  State. 

Sec.  4.  No  political  or  municipal  corporation  shall 
become  a  stockholder  in  any  banking  corporation, 
directly  or  indirectly. 

Sec.  5.  No  act  of  the  General  Assembly,  authoriz- 
ing or  creating  corporations  or  associations  with  bank- 
ing powers,  nor  amendments  thereto,  shall  take  effector 
in  any  manner  be  in  force,  until  the  same  shall  have 
been  submitted,  separately,  to  the  people,  at  a  general  or 
special  election,  as  provided  by  law,  to  be  held  not  less 
than  three  months  after  the  passage  of  the  act,  and  shall 
have  been  approved  by  a  majority  of  all  the  electors 
voting  for  and  against  it  at  such  election. 

Sec.  6.  Subject  to  the  provisions  of  the  foregoing 
section,  the  General  Assembly  may  also  provide  for  the 
establishment  of  a  State  Bank,  with  branches. 


Lep^islature 
may  repeal. 


Tax  imposed 
distinctly 
stated. 


Corporations, 
how  cre- 
ated. 


Properly  tax- 
able. 


Slate  not  to  be 
a  stockhold- 
er. 


Corporation 
not  to  be  a 

stockholder. 


Act  creating 
corporation 
submitted  tc 
the  people. 


State  bank. 


42 


CONSTITUTION    OF    IOWA. 


Founded  on 
specie  basis. 


General  hank- 
ingf  law  to 
provide  for. 


Stockholders 
responsible. 


Bill  holders  to 
have  prefer- 
ence. 


Suspension  of 
specie  pay- 
ment. 


General  as- 
sembly may 
amend  or  re- 
peal by  two- 
thirds  vote. 


Sec.  7.  If  a  State  Bank  be  established,  it  shall  be 
founded  on  an  actual  specie  basis,  and  tlie  branches  shall 
be  miituallj  responsible  for  each  others  liabilities  upon 
all  notes,  bills,  and  other  issues  intended  for  circulation 
as  money. 

Sec.  8.  If  a  general  banking  law  shall  be  enacted, 
it  shall  provide  for  the  registry  and  countersigning,  by 
an  officer  of  State,  of  all  bills  or  paper  credit  designed 
to  circulate  as  money,  and  require  security  to  the  full 
amount  thereof,  to  be  deposited  with  the  State  Treasurer, 
in  United  States  stocks,  or  in  interest  paying  stocks  of 
States  in  good  credit  and  standing,  tit  be  rated  at  ten  per 
cent,  below  their  average  value  in  the  city  of  New  York, 
for  the  thirty  da^-s  next  preceding  their  deposit;  and  in 
case  of  a  depreciation  of  any  portion  of  such  stocks,  to 
the  amount  of  ten  per  cent,  on  the  dollar,  the  bank  or 
banks  owning  said  stocks  shall  be  required  to  make  up 
said  deficiency  by  depositing  additional  stocks ;  and  said 
law  shall  also  provide  for  the  recording  of  the  names  of 
all  stockholders  in  such  corporations,  the  amount  of 
stock  held  by  each,  the  time  of  any  transfer  and  to 
whom. 

Sec.  9.  Every  stockholder  in  a  banking  corporation 
or  institution  shall  be  individually  responsible  and  liable 
to  its  creditors,  over  and  above  the  amount  of  stock  by 
him  or  her  held,  to  an  amount  equal  to  his  or  her 
respective  shares  so  held,  for  all  of  its  liabilities,  accru- 
insf  while  he  or  she  remains  such  stockholder. 

Sec.  10.  In  case  of  the  insolvency  of  any  banking 
institution,  the  bill  holders  shall  have  a  preference  over 
its  other  creditors. 

Sec.  II.  The  suspension  of  specie  payments  by 
banking  institutions  shall  never  be  permitted  or  sanc- 
tioned. 

Sec.  12.  Subject  to  the  provisions  of  this  article, 
the  General  Assembly  shall  have  power  to  amend  or 
repeal  all  laws  for  the  organization  or  creation  of  corpo- 
rations, or  granting  of  special  or  exclusive  privileges  or 
immunities,  by  a  vote  of  two- thirds  of  each  branch  of 
the  General  Assembly;  and  no  exclusive  privileges, 
•xcept  as  in  this  article  provided,  shall  ever  be  granted. 


CONSTITUTION    OF    IOWA. 


43 


ARTICLE    IX.  — EDUCATION    AND    SCHOOL 

LANDS. 


FIRST — EDUCATION. 


Board  of  edu 
cation. 


How  elected ; 
how  divided. 


Section  i.  The  educational  interest  of  the  State, 
including  Common  Schools  and  other  educational  institu- 
tions, shall  be  under  the  management  of  a  Board  of  Edu- 
cation, which  shall  consist  of  the  Lieutenant-Governor, 
who  shall  be  the  presiding  ofticer  of  the  Board,  and 
have  the  casting  vote  in  case  of  a  tie,  and  one  member 
to  be  elected  from  each  judicial  district  in  the  State. 

Sec.  2.     No  person  shall  be  eligible  as  a  member  of    Who  elig^ible 
said  Board  who  shall  not  have  attained  the  age  of  twenty- 
five  years,  and  sliall  have  been  one  year  a  citizen  of  the 
State. 

Sec.  3.  One  member  of  said  Board  shall  be  chosen 
by  the  qualified  electors  of  each  district,  and  shall  hold 
the  office  for  the  term  of  four  years,  and  until  his  suc- 
cessor is  elected  and  qualified.  After  the  first  election 
under  this  Constitution,  the  Board  shall  be  divided,  as 
nearly  as  practicable,  into  two  equal  classes,  and  the 
seats  of  the  first  class  shall  be  vacated  after  the  expira- 
tion of  two  years,  and  one-half  of  the  Board  shall  be 
chosen  every  two  years  thereafter. 

Sec.  4.  The  first  session  of  the  Board  of  Education 
shall  be  held  at  the  Seat  of  Government,  on  the  first 
Monday  of  December  after  their  election,  after  which 
the  General  Assembly  may  fix  the  time  and  place  of 
meeting. 

Sec.  5.  The  session  of  the  Board  shall  be  limited  to 
twenty  days,  and  but  one  session  shall  be  held  in  any 
one  year,  except  upon  extraordinary  occasions,  when, 
upon  the  recommendation  of  two-thirds  of  the  Board, 
the  Governor  may  order  a  special  session. 

Sec.  6.  The  Board  of  Ediication  shall  appoint  a 
Secretary  who  shall  be  the  executive  officer  of  the  Board, 
and  perform  such  iluties  as  may  be  imposed  upon  him  by 
the  Board,  and  the  laws  of  the  State.  They  shall  keep 
a  journal  of  their  proceedings,  which  shall  be  published 
and  distributed  in  the  same  manner  as  the  journals  of 
the  General  Assembly. 


First  session 
held. 


Limited  to 
twenty  days. 


Secretary. 


44 


CONSTITUTION    OF    IOWA. 


Rules  and 
reg-iilations 
ofboard. 


Powers:  rules, 
how  repeal- 
ed. 


Governor,  ex- 
officio,  a 
member. 

Contingent, 


State  Univer- 
sity. 


Board  of  Edu- 
cation to 
provide  for 
education  of 
youths  of 
the  State. 


Compensation. 


Quorum;  style 
of  acts. 


Sec.  7.  All  rules  and  regulations  made  bv  the  Board 
shall  be  published  and  distributed  to  the  several  counties, 
townships,  and  school  districts,  as  may  be  provided  for 
by  the  Board,  and  when  so  made,  published,  and  distrib- 
uted, they  shall  have  the  force  and  effect  of  law. 

Sec  8.  The  Board  of  Education  shall  have  full 
power  and  authority  to  legislate  and  make  all  needful 
rules  and  regulations  in  relation  to  Common  Schools, 
and  other  educational  institutions  that  are  instituted,  to 
receive  aid  from  the  School  or  University  fund  of  this 
State;  but  all  acts,  rules  and  regulations  of  said  Board 
may  be  altered,  amended,  or  repealed  by  the  General 
Assembly,  and  when  so  altered,  amended,  or  repealed, 
they  shall  not  be  re-enacted  by  the  Board  of  Education. 

Sec.  9,  The  Governor  of  the  State  shall  be,  ex-officio, 
a  member  of  said  Board. 

Sec.  10.  The  Board  shall  have  no  power  to  levy 
taxes,  or  make  appropriations  of  money.  Their  contin- 
gent expenses  shall  be  provided  for  by  the  General 
Assembly. 

Sec.  II.  The  State  University  shall  be  established 
at  one  place  without  branches  at  any  other  place,  and 
the  University  fund  shall  be  applied  to  that  institution 
and  no  other. 

Sec.  12.  The  Board  of  Education  shall  provide  for 
the  education  of  all  the  youths  of  the  State,  through  a 
system  of  common  schools,  and  such  schools  shall  be 
organized  and  kept  in  each  school  district  at  least  three 
months  in  each  year.  Any  district  failing,  for  two  con- 
secutive years,  to  organize  and  keep  up  a  school,  as 
aforesaid,  may  be  deprived  of  their  portion  of  the  school 
fund. 

Sec.  13.  The  members  of  the  Board  of  Education 
shall  each  receive  the  same  per  diem  during  the  time  of 
their  session,  and  mileage  going  to  and  returning  there- 
from, as  members  of  the  General  Assembly. 

Sec.  14.  A  majority  of  the  Board  shall  constitute 
a  quorum  for  the  transaction  of  business;  but  no  rule, 
regulation,  or  law  for  the  government  of  coinmon  schools 
or  other  educational  institutions  shall  pass  without  the 
concurrence  of  a  majority   of  all  the  members   of  the 


CONSTITUTION    OF    IOWA. 


45 


Board,  which  shall  be  expressed  by  thejeasand  nays  on 
the  final  passage.  The  style  of  all  acts  of  the  Board 
shall  be:  "  Be  it  enacted  by  the  Board  of  Education  of 
the  State  of  Iowa." 

Sec.  15.  At  any  time  after  the  year  one  thousand 
eight  hundred  and  s'ixty-three,  the  General  Assembly 
shall  have  power  to  abolish  or  reorganize  said  Board  of 
Education,  and  provide  for  the  educational  interests  of 
the  State  in  any  other  manner  that  to  them  shall  seem 
best  and  proper. 

SECOND SCHOOL    FUNDS   AND   SCHOOL    LANDS. 

Section  i.  The  educational  and  school  funds  and 
lands  shall  be  under  the  control  and  management  of  the 
General  Assembly  of  this  State. 

Sec.  2.  The  University  lands,  and  the  proceeds 
thereof,  and  all  moneys  belonging  to  said  fund  shall  be 
a  permanent  fund  for  the  sole  use  of  the  State  Univer- 
sity. The  interest  arising  from  the  same  shall  be  annu- 
ally appropriated  for  the  support  and  benefit  of  said 
University. 

Sec.  3.  The  General  Assembly  shall  encourage,  by 
all  suitable  means,  the  promotion  of  intellectual,  scien- 
tific, moral,  and  agricultural  improvement.  The  pro- 
ceeds of  all  lands  that  have  been,  or  hereafter  may  be, 
granted  by  the  United  States  to  this  State,  for  the  sup- 
port of  schools,  which  may  have  been  or  shall  heieafter 
be  sold  or  disposed  of,  and  the  five  hundred  thousand 
acres  of  land  granted  to  the  new  States,  under  an  act  of 
Congress,  distributing  the  proceeds  of  the  public  lands 
among  the  several  States  of  the  Union,  approved  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  forty- 
one,  and  all  estates  of  deceased  persons  who  may  have 
died  without  leaving  a  will  or  heir,  and  also  such  per 
cent,  as  has  been  or  may  hereafter  be  granted  by  Cor. 
gress,  on  the  sale  of  lands  in  this  State,  shall  be  and 
remain  a  perpetual  fund,  the  interest  of  which,  together 
with  all  rents  of  the  unsold  lands,  and  such  other  means 
as  the  General  Assembly  may  provide,  shall  be  inviola- 
bly appropriated  to  the  support  of  common  schools 
throughout  the  State. 


When  Bo.ird 
may  be 
abolished. 


Under  control 
of  General 
Assembly. 


Permanent 
fund. 


I^ands  appro- 
priated to 
educational 
purposes. 


46 


CONSTITUTION   OF    IOWA. 


Fines  and  for- 
feiture^, 
how  appro- 
priated. 


(a).  Lands  re- 
served or 
jgranted,  or 
funds  accru- 
ing from 
sale  thereof, 
to  be  a  per- 
manent fund. 


(b).  Interest 
applied. 


Who  agents 
of  school 
funds. 


Money  to  be 
distributed. 


Sec.  4.  The  money  which  may  have  been  or  shall 
be  paid  by  persons  as  an  equivalent  from  exemption 
from  military  duty,  and  the  clear  proceeds  of  all  fines 
collected  in  the  several  counties  for  any  breach  of  the 
penal  laws,  shall  be  exclusively  applied,  in  the  several 
counties  in  which  such  money  is  p*id,  or  fine  collected, 
among  the  several  school  districts  of  said  counties,  in 
proportion  to  the  number  of  youths  subject  to  enumera- 
tion in  such  districts,  to  the  support  of  common  schools, 
or  the  establishment  of  libraries,  as  the  Board  of  Educa- 
tion shall  from  time  to  time  provide. 

Sec.  5.  The  General  Assembly  shall  take  measures 
for  the  protection,  improvement,  or  other  disposition  of 
such  lands  as  have  been,  or  may  hereafter  be,  reserved, 
or  granted  by  the  United  States,  or  any  person  or  per- 
sons, to  this  State,  for  the  use  of  the  University,  and  the 
funds  accruing  from  the  rents  or  sale  of  such  lands,  or 
from  any  other  source  for  the  purpose  aforesaid,  shall  be 
and  remain  a  permanent  fund,  the  interest  of  which 
shall  be  applied  to  the  support  of  said  University,  for  the 
promotion  of  literature,  the  arts  and  sciences,  as  may  be 
authorized  by  the  terms  of  such  grant;  and  it  shall  be 
the  duty  of  the  General  Assembly,  as  soon  as  may  be, 
to  provide  effectual  means  for  the  improvement  and 
pennanent  security  of  the  funds  of  said  Universitv. 

Sec.  6.  The  financial  agents  of  the  school  funds 
shall  be  the  same  that  by  law  receive  and  control  the 
State  and  county  revenue,  for  other  civil  purposes,  under 
such  regulations  as  may  be  provided  by  law. 

Sec.  7.  The  money  subject  to  the  support  and 
maintenance  of  common  schools  shall  be  distributed  to 
the  districts  in  proportion  to  the  number  of  youths 
between  the  ages  of  five  and  twenty-one  years,  in  such 
manner  as  may  be  provided  by  the  General  Assembly. 


ARTICLE 


X.— AMENDMENTS 
STITUTION. 


TO   THE   CON- 


Consutution.  SECTION  I.     Any  amendment  or  amendments  to  this 

Constitution  may  be  proposed  in  either  House  of  the 
General  Assembly;  and  if  the  same  shall  be' agreed  to 
by  a  majority  of  the  members  elected  to  each  of  the  two 


CONSTITUTION    OF    IOWA. 


47 


Houses,  such  proposed  amendment  shall  be  entered  on 
their  journals,  with  the  jeas  and  nays  taken  thereon, 
and  referred  to  the  Legislature  to  be  chosen  at  the  next 
general  election,  and  shall  be  published,  as  provided  by 
law,  for  three  months  previous  to  the  time  of  making 
such  choice ;  and  if,  in  the  General  Assembly  so  next 
chosen  as  aforesaid,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to,  by  a  majority  of  all  the  mem- 
bers elected  to  each  House,  then  it  shall  be  the  duty  of 
the  General  Assembly  to  submit  such  proposed  amend- 
ment or  amendments  to  the  people  in  such  manner  and 
at  such  time  as  the  General  Assembly  shall  provide; 
and  if  the  people  shall  approve  and  ratify  such  amend- 
ment or  amendments  by  a  majorit}'  of  the  electors  quali- 
fied to  vote  for  members  of  the  General  Assembly, 
voting  thereon,  such  amendment  or  amendments  shall 
become  a  part  of  the  Constitution  of  this  State. 

Sec.  2.  If  two  or  more  amendments  shall  be  sub- 
mitted at  the  same  time,  they  shall  be  submitted  in  such 
manner  that  the  electors  shall  vote  for  or  against  each 
of  such  amendments  separately. 

Sec.  3.  At  the  general  election  to  be  held  in  the 
year  one  thousand  eight  hundred  and  seventy,  and  in 
each  tenth  year  thereafter,  and  also  at  such  times  as  the 
General  Assembly  may  by  law  provide,  the  question, 
"  Shall  there  be  a  Convention  to  revise  the  Constitution 
and  amend  the  same.^"  shall  be  decided  by  the  electors 
qualified  to  vote  for  members  of  the  General  Assembly; 
and  in  case  a  majority  of  the  electors  so  qualified,  voting 
at  such  election  for  and  against  such  proposition,  shall 
decide  in  favor  of  a  Convention  for  such  puipose,  the 
General  Assembly,  at  its  next  session,  shall  provide  by 
law  for  the  election  of  delegates  to  such  Convention. 


More  than 
one. 


Convention. 


ARTICLE  XL— MISCELLANEOUS. 


Section  i.  The  jurisdiction  of  Justices  of  the  Peace 
shall  extend  to  all  civil  cases  (except  cases  in  chancery, 
and  cases  where  the  question  of  title  to  real  estate  may 
arise)  wli^re  the  amount  in  controversy  does  not  exceed 
one  hundred  dollars,  and  by  the  consent  of  parties  may 


Jurisdiction 
of  Justice  of 
the  Peace. 


48 


CONSTITUTION    OF    IOWA. 


Counties. 


To  what  amount 
counties  may 
become  in- 
debted. 


Boundaries. 
Oath  of  office. 


How  vacancies 
filled. 


How  lands 
granted  may 
be  located. 


Seat  of  gfov- 
ernment. 


be  extended  to  any  amount  not  exceeding  three  hundred 
dollars. 

Sec.  2.  No  new  county  shall  be  hereafter  created 
containing  less  than  four  hundred  and  thirty-two  square 
miles,  nor  shall  the  territory  of  any  organized  county  be 
reduced  below  that  area,  except  the  county  of  Worth, 
and  the  counties  west  of  it,  along  the  northern  boundary 
of  this  State  may  be  organized  without  additional  terri- 
tory. 

Sec.  3.  No  county,  or  other  political  or  municipal 
corporation,  shall  be  allowed  to  become  indebted,  in  any 
manner  or  for  any  purpose,  to  an  amount,  in  the  aggre- 
gate, exceeding  five  p'^r  centum  of  the  value  of  the  taxa- 
ble property  within  such  county  or  corporation — to  be 
ascertained  by  the  last  State  and  county  tax  lists,  pre- 
vious to  the  incurring  of  such  indebtednsss. 

Sec.  4.  The  boundaries  of  the  State  may  be  enlarged, 
with  the  consent  of  Congress  and  the  General  Assembly. 

Sec.  5.  Every  person  elected  or  appointed  to  anv 
office,  shall,  before  entering  upon  the  duties  thereof, 
take  an  oath  or  affirmation  to  support  the  Constitution 
of  the  United  Slates,  and  of  this  State,  and  also  an  oath 
of  office. 

Sec.  6.  In  all  cases  of  elections  to  fill  vacancies  in 
office  occurring  before  the  expiration  of  a  full  term,  the 
person  so  elected  shall  hold  for  the  residue  of  the  unex- 
pired term;  and  all  persons  appointed  to  fill  vacancies 
in  office  shall  hold  until  the  next  general  election,  and 
until  their  successors  are  elected  and  qualified. 

Sec.  7.  The  General  Assembly  shall  not  locate  any 
of  the  public  lands  which  have  been  or  may  be  granted 
by  Congress  to  this  State,  and  the  location  of  which 
may  be  given  to  the  General  Assembly,  upon  lands 
actually  settled,  without  the  consent  of  the  occupant. 
The  extent  of  the  claim  of  such  occupant  so  exempted 
shall  not  exceed  three  hundred  and  twenty  acres. 

Sec.  S.  The  seat  of  government  is  hereby  perma- 
nently established,  as  now  fixed  by  law,  at  the  city  of 
Des  Moines,  in  the  county  of  Polk;  and  the  Sftate  Uni- 
versity at  Iowa  City,  in  the  county  of  Johnson. 


CONSTITUTION    OF    IOWA. 


49 


ARTICLE  XII.— SCHEDULE. 

Section  i.  The  Constitution  shall  be  the  supreme 
law  of  the  State,  and  any  law  inconsistent  therewith 
shall  be  void.  The  General  Assembly  shall  pass  all 
laws  necessary  to  carry  this  Constitution  into  effect. 

Sec.  2.  All  laws  now  in  force  and  not  inconsistent 
with  this  Constitution,  shall  remain  in  force  until  they 
shall  expire  or  be  repealed. 

Sec.  3.  All  indictments,  prosecutions,  suits,  pleas, 
plaints,  process,  and  other  proceedings  pending  in  any 
of  the  courts,  shall  be  prosecuted  to  final  judgment  and 
execution ;  and  all  appeals,  writs  of  error,  certiorari  and 
injunctions,  shall  be  carried  on  in  the  several  courts,  in 
the  same  manner  as  now  provided  by  law,  and  all  offen- 
ses, misdemeanors  and  crimes  that  may  have  been  com- 
mitted before  the  taking  effect  of  this  Constitution,  shall 
be  subject  to  indictment,  trial  and  punishment,  in  the 
same  manner  as  they  would  have  been  had  not  this  Con- 
stitution been  made. 

Sec.  4.  All  fines,  penalties,  or  forfeitures  due,  or  to 
become  due,  or  accruing  to  the  State,  or  to  any  county 
therein,  or  to  the  school  fund,  shall  inure  to  the  State, 
county,  or  school  fund,  in  the  manner  prescribed  by  law. 

Sec.  5.  All  bonds  executed  to  the  State,  or  to  any 
officer  in  his  official  capacity,  shall  remain  in  force  and 
inure  to  the  use  of  those  concerned. 

Sec.  6.  The  election  under  this  Constitution  shall 
be  held  on  the  second  Tuesday  in  October,  in  the  year 
one  thousand  eight  hundred  and  fifty-seven,  at  which 
time  the  electors  of  the  State  shall  elect  the  Governor 
and  Lieutenant-Governor.  There  shall  also  be  elected 
at  such  election  the  successors  of  such  State  Senators 
as  were  elected  at  the  August  election,  in  the  year  one 
thousand  eight  hundred  and  fifty-four,  and  members  of 
the  House  of  Representatives,  who  shall  be  elected  in 
accordance  with  the  act  of  apportionment,  enacted  at 
the  session  of  the  General  Assembly  which  commenced 
on  the  first  Monday  of  December,  one  thousand  eight 
hundred  and  fifty-six. 

Sec.  7.  The  first  election  for  Secretary,  Auditor, 
and   Treasurer    of    State,    Attorney-General,    District 


Supreme 
Court  of  the 
SUte. 


Laws  in  force 


Legal  process 
not  aflected. 


Fines,  etc., 
inure  to  the 
State. 


Bonds  in 
».    force. 


(a).  First 
election. 


(b).  Governot 
and  Ueu- 
tenant-Gov- 
ernor. 


Same :  Secre- 
tary, Auditp 
or,  etc 


50 


CONSTITUTION    OF    IOWA. 


Same:  Judges 
of  Supreme 
Court. 


First  session 
General 
Assembly. 


Senators. 


Offices  not 
vacated  by 
new  Const! 
tution. 


Judges,  Members  of  the  Board  of  Education,  District 
Attorneys,  Members  of  Congress,  and  such  State  officers 
as  shall  be  elected  at  the  April  election,  in  the  year  one 
thousand  eight  hundred  and  fifty-seven  (except  the 
Superintendent  of  Public  Instruction),  and  such  county 
officers  as  were  elected  at  the  August  election,  in  the 
year  one  thousand  eight  hundred  and  fifty-six,  except 
Prosecuting  Attorneys,  shall  be  held  on  the  second  Tues- 
day of  October,  one  thousand  eight  hundred  and  fifty- 
eight:  Provided,  that  the  time  for  which  any  District 
Judge  or  other  State  or  county  officer  elected  at  the 
April  election  in  the  year  one  thousand  eight  hundred 
and  fifty-eight,  shall  not  extend  beyond  the  time  fixed 
for  filling  like  offices  at  the  October  election,  in  the  year 
one  thousand  eight  hundred  and  fifty-eight. 

Sec.  8.  The  first  election  for  Judges  of  the  Supreme 
Court,  and  such  county  officers  as  shall  be  elected  at  the 
August  election,  in  the  year  one  thousand  eight  hundred 
and  fifty-seven,  shall  be  held  on  the  second  Tuesday  of 
October,  in  the  year  one  thousand  eight  hundred  and 
fifty-nine. 

Sec,  9.     The   first   regular   session   of  the   General 
Assembly  shall  be  held  in  the  year  one  thousand  eight 
hundred    and    fifty-eight,   commencing   on    the    second 
,  Monday  of  January  of  said  year. 

Sec.  to.  Senators  elected  at  the  August  election,  in 
the  year  one  thousand  eight  hundred  and  fifty-six,  shall 
continue  in  office  until  the  second  Tuesday  of  October, 
in  the  year  one  thousand  eight  hundred  and  fifty-nine, 
at  which  time  their  successor  shall  be  elected  as  may  be 
prescribed  by  law. 

Sec.  II.  Every  person  elected  by  popular  vote,  by 
a  vote  of  the  General  Assembly,  or  who  may  hold  office 
by  executive  appointment,  which  office  is  continued  by 
this  Constitution,  and  every  person  who  shall  be  so 
elected  or  appointed  to  any  such  office,  before  the  taking 
effect  of  this  Constitution  (except  as  in  this  Constitution 
otherwise  provided),  shall  continue  in  office  until  the 
term  for  which  such  person  has  been  or  may  be  elected 
or  appointed  shall  expire ;  but  no  such  person  shall  con- 


CONSTITUTION    OF    IOWA. 


5^ 


n 


tinue  in  office  after  the  taking  effect  of  this  Constitution, 
for  a  longer  period  than  the  term  of  such  office,  in  this 
Constitution  prescribed. 

Sec.  12.  The  General  Assembly,  at  the  first  session 
under  this  Constitution,  shall  district  the  State  into 
eleven  Judicial  Districts,  for  District  Court  purposes; 
and  shall  also  provide  for  the  apportionment  of  the  mem. 
bars  of  the  General  Assembly  in  accordance  with  the 
provisions  of  this  Constitution. 

Sec.  13.  This  Constitution  shall  be  submitted  to 
the  electors  of  the  State  at  the  August  election,  in  the 
year  one  thousand  eight  hundred  and  fifty-seven,  in  the 
several  election  districts  in  this  State.  The  ballots  at 
such  election  shall  be  written  or  printed,  as  follows: 
Those  in  favor  of  the  Constitution,  "  New  Constitution 
— Yes."  Those  against  the  Constitution,  "  New  Consti- 
tution— No."  The  election  shall  be  conducted  in  the 
same  manner  as  the  general  ^elections  of  the  State,  and 
the  poll-books  shall  be  returned  and  canvassed  as  pro- 
vided in  the  twenty-fifth  chapter  of  the  Code,  and 
abstracts  shall  be  forwarded  to  the  Secretary  of  State, 
which  abstracts  shall  be  canvassed  in  the  manner  pro- 
vided tor  the  canvass  of  State  officers;  and  if  it  shall 
appear  that  a  majority  of  all  the  votes  cast  at  such  elec- 
tion  for  and  against  this  Constitution  are  in  favor  of  the 
same,  the  Governor  shall  immediately  issue  his  procla- 
mation stating  that  fact,  and  such  Constitution  shall  be 
the  Constitution  of  the  State  of  Iowa,  and  shall  take 
eiiect  from  and  after  the  publication  of  said  proclama- 
tion. 

Sec.  14.  At  the  same  election  that  this  Constitution 
is  submitted  to  the  people  for  its  adoption  or  rejection,  a 
proposition  to  amend  the  same  by  striking  out  the  word 
"white"  from  the  article  on  the  "Right  of  Suffrage," 
shall  be  separately  submitted  to  the  electors  of  this  State 
for  adoption  or  rejection,  in  the  manner  following,  viz.: 
A  separate  ballot  may  be  given  by  every  person  having 
a  right  to  vote  at  said  election,  to  be  deposited  in  a  sejia- 
rate  box.  And  those  given  for  the  adoption  of  such 
proposition  shall  have  the  words,  "  Shall  the  word 
'  white  '  be  stricken  out  of  the  article  on  the  '  Right  of 


State  to  be 
districted. 


Constitution 
to  be  voted 
for  Auffust, 
iSSo. 


Proposition 
to  strike 
out  the 
word  white. 


52 


CONSTITUTlC»N    OF    IOWA, 


Mills  County. 


Suffrage?  '  Yes."  And  those  given  against  the  propo- 
sition shall  have  the  words,  "  Shall  the  word  '  white '  be 
stricken  out  of  the  article  on  the  '  Right  of  Suffrage? ' 
No."  And  if  at  said  election  the  number  of  ballots  cast 
in  favor  of  said  proposition  shall  be  equal  to  a  majority 
of  those  cast  for  and  against  this  Constitution,  then  said 
word  "  white  "  shall  be  stricken  from  said  article  and  be 
no  part  thereof. 

Sec.  15.  Until  otherwise  directed  by  law,  the  county 
of  Mills  shall  be  in  and  a  part  of  the  Sixth  Judicial  Dis 
trict  of  this  State. 

Done  in  Convention  at  Iowa  City,  this  fifth  day  of  March, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
♦        and    fifty-seven,    and   of    the    Independence  of   the 
United  States  of  America  the  eighty-first. 

SIGNERS: 

Timothy  Day,  •*W.  W.  Robinson, 

S.  G.  Winchester,  Lewis  Todhunter, 

David  Bunker,  John  Edwards, 

D.  P.  Palmer,  J.  C.  Traer, 

Geo.  W.  Ells,  James  F.  Wilson, 

J.  C.  Hall,  Amos  Harris, 

John  H.  Peters,  Jno.  T.  Clarke, 

Wm.  H.  Warren,  S.  Ayres, 

H.  W.  Gray,  Harvey  J.  Skiff, 

RoBT.  Gower,  J.  A.  Parvin, 

H.  D.  Gibson,  W.  Penn  Clark, 

Thomas  Seeley,  Jere  Hollingsworth, 

A.  H.  Marvin,  Wm.  Patterson, 

J.  H.  Emerson,  D.  W.  Price, 

R.  L.  B.  Clarke,  Alpheas  Scott, 

James  A.  Yoijng,  Geo.   Gillaspy, 

D.  H.  Solomon,  Edward  Johnston. 

Attest:  Francis  Springer,  Pres. 

Th.  J.  Saunders,  Secy. 

E.  N.  Bates,  Assistant  Sec'y. 


CIVIL  GOVERNMENT  OF  IOWA. 


DEPARTMENT  OF  GOVERNMENT. 

Before  discussing  the  departments  of  government, 
it  will  be  well  to  learn  something  of  the  nature  of  a 
constitution,  as  well  as  the  history  of  the  constitution 
of  our  own  State.  A  constitution  has  been  called  tJie 
fiindame7ital  laiv,  because  it  is  the  foundation  of  all 
legislative  acts,  and  no  valid  law  can  bq  passed  in  viola- 
tion of  its  provisions.  It  is  in  the  nature  of  a  contract 
between  the  general  government  of  the  state  and  the 
people  themselves,  whereby  the  powers  of  the  former 
are  defined,  and  the  rights  of  the  latter  maintained. 

The  constitution,  adopted  by  the  people  of  Iowa 
just  before  the  state  was  admitted  into  the  Union,  is 
known  as  the  "  old  constitution."  Some  of  its  provis- 
ions proved  to  be  unsatisfactory,  and,  in  the  early  part 
of  1857,  3-  convention  met  at  Iowa  City,  and  drafted 
the  present  constitution  of  the  state.  The  work  of 
this  convention  was  completed  March  5th,  of  that  year. 
Several  of  its  members  have  since  held  important  posi- 
tions in  state  and  nation. 

By  its  own  terms,  this  draft  of  a  constitution  was 
submitted  to  the  electors  of  the  state  at  an  election 
held  in  August,  1857.  A  majority  of  the  votes  cast  at 
that  time  were  in  favor  of  its  adoption,  and  the  gov- 
ernor immediately  issued  a  proclamation  declaring  this 
new  constitution  to  be  the  supreme  law  of  Iowa. 

—53— 


54  CIVIL    GOVERNMENT    OF    IOWA. 

The  preamble,  or  introduction  to  the  constitution 
is  as  follows  :  IVe,  the  People  of  the  State  of  Iowa,  grate- 
ful to  the  Supreme  Being  for  the  blessings  hitherto 
enjoyed,  and  feeling  our  dependence  on  Him  for  a  con- 
tinuation of  those  blessings,  do  ordain  and  establish  a 
free  and  independent  government,  by  the  name  of 
TJie  State  of  Iowa,  the  boundaries  whereof  shall  be  as 
follows  :  (For  boundaries,  see  Const.,  page  22).  The 
preamble  is  not  a  part  of  the  constitution,  but  is 
designed  to  show  the  reason  for  its  establishment. 

ARTICLE   I. — BILL   OF   RIGHTS. 

Section  one  of  the  first  article  of  the  Constitution 
defines  the  civil  rights  of  the  inhabitants  of  the  state. 
It  declares  that  all  men  are,  by  nature,  free  and  equal, 
and  that  they  are  endowed  with  certain  inalienable 
rights.  The  rights  enumerated  are  those  of  enjoying 
and  defending  life  and  liberty,  of  acquiring,  possess- 
ing, and  protecting  property,  and  of  pursuing  and 
obtaining  safety  and  happiness.  These  rights  of  the 
people  are  recognized  by  all  free  governments,  and 
must  be,  in  the  very  nature  of  things.  They  are  called 
inalienable  rights,  because  they  cannot  be  taken  away 
so  long  as  the  government  exists. 

The  second  section  declares  all  political  power  to 
be  vested  in  the  people  of  the  state.  Government  is 
instituted  for  the  good  of  the  people,  and  they  have 
the  right  to  alter  or  reform  the  same,  whenever  the 
public  good  may  require  it.  The  essence  of  all  free 
government  is  contained  in  the  expression,  "  A  govern- 
ment of  the  people,  by  the  people,  and  for  the  people." 

Section  ///rr,?  prohibits  the  legislature  from  passing 
any  law  to  establish  uniformity  of  religion,  or  to  restrict 


CIVIL    GOVERNMENT    OF    IOWA.  55 

the  religious  liberty  of  the  people.  It  forbids  the  lay- 
ing of  tithes,  taxes,  or  other  rates  for  building  places 
of  worship  or  maintaining  the  ministry  The  religious 
freedom,  sought  by  so  many  of  the  early  settlers  of  our 
country,  is  guaranteed  to  all  persons  within  the  borders 
of  Iowa. 

Section  /o2ir  forbids  the  requirement  of  any  relig- 
ious test  as  a  qualification  for  any  office  of  public 
trust,  and  declares  that  no  person  shall  be  deprived  of 
any  rights,  privileges,  or  capacities  on  account  of  his 
opinions  on  religious  matters.  This  is  in  a-ccordance 
with  the  spirit  of  the  constitution  of  the  United  States, 
upon  which  the  state  constitution  is  based.  This  sec- 
tion also  provides  that  parties  to  any  suits  of  law  are 
competent  to  serve  as  witnesses  in  such  suits. 

Section  Jive  declares  any  citizen  of  the  state  who 
shall  engage  in  a  duel,  either  as  principal  or  accessory, 
to  be  forever  disqualified  from  holding  any  office  under 
the  constitution  and  laws  of  the  state.  This  shows 
the  growth  in  sentiment  with  regard  to  the  practice  of 
duelling.  Hamilton,  Burr,  Jackson,  Clay,  and  many 
other  prominent  men  in  the  early  history  of  our  gov- 
ernment, resorted  to  this  barbarous  way  of  settling 
their  *'  affairs  of  honor." 

By  section  six,  the  general  assembly  is  forbidden 
to  grant  any  citizen,  or  class  of  citizens,  privileges  or 
immunities,  which  shall  not  apply  to  all  other  persons, 
under  the  same  circumstances.  All  laws  of  a  general 
nature  must  be  uniform  in  their  operation.  It  is  a 
fundamental  principle  of  all  free  government  that  there 
shall  be  no  privileged  classes.  The  next  section  gives 
every  person  the  right  to  speak,  write,  and  publish  his 
sentiments  on  any,  and  all,  subjects.     By  its  provis- 


5^  CIVIL    GOVERNMENT    OF    IOWA. 

ions,  no  law  can  be  passed  to  restrict  liberty  of  speech 
or  of  the  press,  but  any  person  is  liable  to  prosecution 
for  the  abuse  of  this  right.  In  all  prosecutions  for 
libel,  if  it  can  be  proven,  that  the  matter  charged  as 
libelous,  is  true,  the  person  accused  shall  be  acquitted. 
Article  one  of  the  amendments  to  the  constitution  of  the 
United  States  insures  the  same  freedom  to  all  the  peo- 
ple of  the  United  States. 

Section  ezg/if  of  this  article  is  a  verbatim  reprint 
of  the  fourth  article  of  amendment  to  the  constitution 
of  the  United  States. 

Section  nine  provides  for  maintaining  inviolate  the 
right  of  trial  by  jury,  but  authorizes  the  general  assem- 
bly to  establish  a  jury  of  a  less  number  than  twelve 
men  in  inferior  courts.  Another  provision  is,  that  no 
person  shall  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law.  In  accordance  with  the 
latter  part  of  the  first  clause,  the  jury  in  a  justice 
court  is  composed  of  six  men.  ' 

Section  ten  refers  to  the  method  of  procedure  in 
criminal  cases,  and  is,  in  substance,  the  same  as  article 
six  of  the  amendments  to  the  constitution  of  the 
United  States. 

Section  eleven  establishes  the  mode  of  procedure 
in  all  criminal  cases  less  than  felony,  in  which  the  pun- 
ishment does  not  exceed  a  fine  of  one  hundred  dollars, 
or  imprisonment  for  more  than  thirty  days.  All  such 
cases  are  to  be  tried  without  indictment,  before  a  jus- 
tice of  the  peace,  or  other  officer  authorized  by  law. 
The  accused  has  the  right  to  appeal  from  the  decision 
of  the  justice  to  the  district  court. 

In  all  other  criminal  offenses,  an  indictment  must 
be  brought   against  the    person    suspected    of  having 


CIVIL    GOVERNMENT    OF    IOWA.  57 

committed  the  crime,  before  he  can  be  held  to  answer 
for  the  crime  of  which  he  is  accused.  There  is  an 
exception  to  this  in  cases  arising  in  the  army  or  navy, 
or  in  the  militia,  when  in  actual  service,  in  time  of  war 
or  public  danger.  Violators  of  military  law  are  tried 
by  a  court  consisting  of  from  three  to  thirteen  mem- 
bers, according  to  the  nature  of  the  crime  and  the 
rank  of  the  offender. 

After  a  person  has  been  acquitted  by  a  court  of 
competent  jurisdiction,  he  cannot  be  tried  again  for 
the  same  offense.  A  person,  charged  with  the  perpe- 
tration of  a  minor  crime,  is  entitled  to  his  liberty 
before  conviction,  upon  giving  bonds  signed  by  respon- 
sible parties,  that  he  will  present  himself,  at  the 
appointed  time,  for  trial.  Such  bonds  are  called  bail, 
and  are  usually  of  twice  the  amount  of  the  highest 
money  penalty,  or  fine,  that  can  be  attached  to  the 
crime.  If  the  person,  thus  set  at  liberty,  fails  to 
appear  for  trial,  the  amount  of  the  bond,  or  so  much 
thereof  as  may  be  demanded  by  the  court,  is  forfeited 
to  the  school-fund  of  the  county,  and  becomes  a  part 
of  the  semi-annual  apportionment  for  the  support  of 
schools.  Bail  is  not  usually  accepted  from  persons 
charged  with  having  committed  capital  crimes,  when 
the  proof  is  evident,  or  the  presumption  great.  A 
capital  offense  is  one  to  which  the  death  penalty,  or 
imprisonment  for  life  can  be  attached. 

Section  thirteen  secures  to  all,  the  right  to  a  writ 
of  habeas  corpus,  when  application  is  made  according 
to  law.  This  right  can  be  suspended  and  the  writ 
refused,  only  in  case  of  rebellion  or  invasion,  or  when 
the  public  safety  may  require  it.  The  writ  of  habeas 
corpus   has  been   called   "  The  great   writ  of  personal 


1^8  CIA'^IL    GOVERNMENT    OF    lOV/A. 

liberty."  It  is  issued  by  the  judge  of  the  court  having 
jurisdiction  of  the  crime,  and  cannot  be  refused  when 
proper  application  is  made  by  the  accused  under  oath. 
This  writ  had  its  origin  in  England  in  the  "  Magna 
Charta  "  of  King  John,  granted  in  the  year  12 15.  Our 
forefathers  esteemed  this  to  be  one  of  their  grandest 
privileges,  and  it  has  always  been  recognized  as  an 
inherent  right  of  all  citizens  of  the  United  States. 

The  /our tee?i//i  section  places  the  military  subordi- 
nate to  the  civil  power.  It  declares  that  no  standing 
army  shall  be  kept  up  in  the  state,  in  time  of  peace, 
and,  in  time  of  war,  that  no  appropriation  for  a  stand- 
ing army  shall  be  for  a  longer  period  than  two  years. 
The  next  section  forbids  the  quartering  of  troops  in 
any  house,  in  time  of  peace,  without  the  consent  of  it* 
owner,  and,  in  time  of  war,  except  in  the  manner  pre- 
scribed by  law. 

Section  sixteen  defines  treason  against  the  state  to 
consist  in  levying  war  against  it,  adhering  to  its 
enemies,  or  giving  them  aid  and  comfort.  This  is  vir- 
tually the  definition  given  of  treason  in  the  constitu- 
tion of  the  United  States.  It  is  also  provided,  that 
no  person  shall  be  convicted  of  treason  except  upon 
the  evidence  of  two  witnesses  to  the  same  act,  or  upon 
confession  in  open  court. 

Section  seventeen  provides  that  any  bail  required 
shall  not  be  excessive,  that  is,  beyond  the  nature  of 
the  crime  for  which  it  is  taken.  The  imposing  of 
excessive  fines,  and  the  infliction  of  cruel  and  unusual 
punishments,  are  expressly  forbidden.  The  next  sec- 
tion declares  that  private  property  shall  not  be  taken 
for  the  use  of  the  public  without  just  compensation  to 
the  owner.     The  damages  resulting  from  the  appro- 


CIVIL    GOVERNMENT    OF    IOWA.  59 

priation  of  private  property  for  public  purposes,  shall 
be  assessed  by  a  jury,  but  no  benefit  that  the  owner  of 
the  property  would  receive  from  the  improvements  for 
which  it  is  taken,  can  be  considered  in  rendering-  the 
decision  for  damages.  Every  one  is  entitled  to  the  use 
of  his  property  to  the  exclusion  of  all  other  private 
citizens,  but  sometimes  it  becomes  necessary  to  sacri- 
fice private  rights  for  the  public  weal. 

Imprisonment  for  debt,  in  any  civil  process,  except 
in  case  of  fraud,  is  forbidden  by  the  nineteenth  section, 
and  no  person  can  be  imprisoned  for  a  military  fine,  in 
time  of  peace.  So  long  as  the  English  common  law 
was  in  operation  in  this  country,  imprisonment  for 
debt  was  common,  but  now  it  is  usually  forbidden  by 
constitution  or  statute  in  all  the  states.  If  the  action 
of  the  debtor  is  such  that  it  is  reasonable  to  suppose 
that  he  intends  to  avoid  the  payment  of  his  debts  by 
concealing  his  property,  or  removing  it  from  the  state, 
the  provisions  of  this  section  will  not  apply.  In  Scot- 
land, at  the  present  time,  a  person  may  be  imprisoned 
for  a  debt  of  forty  dollars  or  more.  Whittier's  poem, 
'*  The  Prisoner  for  Debt,"  graphically  portrays  the  con- 
dition of  persons  confined  for  debt. 

Section  twenty  insures  to  the  people  some  of  their 
dearest  rights,  among  which  is  that  of  assembling  to 
counsel  for  the  common  good.  The  rope-makers  of 
Boston  held  such  meetings  to  devise  means  for  resist- 
ing the  British  soldiery.  The  modern  word  caucus  is 
said  to  be  a  corruption  of  caulkers,  a  term  often  applied 
to  rope-makers.  The  right  of  making  known  their 
opinions  to  their  representatives,  and  that  of  petition- 
ing for  a  redress  of  grievances,  are  also  guaranteed. 

The  language  of  the  twenty-first  section  is  as  fol- 


6o  CIVIL    GOVERNMENT    OF    IOWA. 

lows  :  "  No  bill  of  attainder,  ex-post-facto  law,  or  law 
impairing  the  obligation  of  contracts,  shall  ever  be 
passed."  A  bill  of  attainder  is  a  legislative  act  inflict- 
ing the  penalty  of  death,  without  trial,  upon  persons 
supposed  to  be  guilty  of  high  crimes.  In  former  times, 
the  parliament  of  Great  Britain  passed  laws  of  this 
kind,  often  for  the  purpose  of  reaching  persons  in  high 
places  who  could  not  be  gotten  rid  of  by  ordinary  pro- 
cess of  law. 

An  ex-post-facto  law  is  one  that  is  passed  after 
the  commission  of  an  act  by  which  the  act  may  be 
punished  as  a  crime.  It  would  seem  that  the  prohibi- 
tion of  ex-post-facto  laws  would  make  the  latter  part 
of  this  section  unnecessary.  Ex-post-facto  laws  apply 
to  criminal  and  penal  statutes,  but  not  to  those  that 
affect  property  only.  Hence  we  may  say  that  this  part 
of  the  section  prohibits  ex-post-facto  laws  in  the  inter- 
ests of  contracts. 

Section  ttventy-iwo  grants  to  all  foreigners  residing 
in  the  state,  the  same  rights  in  respect  to  the  posses- 
sion, enjoyment,  and  descent  of  property,  as  native- 
born  citizens. 

The  tzventy-third  prohibits  slavery,  and  declares 
that  there  shall  be  no  involuntary  servitude,  except  for 
the  punishment  of  crime. 

The  twc7itj^fourth  limits  leases  of  agricultural 
lands  from  which  rent  or  service  of  any  kind  is  reserved, 
to  a  period  not  exceeding  twenty  years. 

The  ttventy- fifth  is  a  fitting  one  with  which  to 
close  this  Bill  of  Rights.  Its  language  is,  "  The  enumer- 
ation of  rights  shall  not  be  construed  to  impair  or 
deny  others,  retaiaed  by  the  people."  Liberty,  civil 
and  religious,  is  insured  to  all  within  the  borders  of  the 


CIVIL    GOVKRNMENT    OF    lOVVA. 


6i 


I 


state,  and,  as  if  this  were  not  enough,  any  other  privi- 
leges that  may  be  enjoyed,  are  reserved  to  the  people. 
Surely  our  government  rests  on  a  foundation  broad 
and  deep. 

ARTICLE   II. — RIGHT   OF   SUFFRAGE. 

The  constitution  of  every  free  government  desig- 
nates those  persons  in  whom  the  right  of  suffrage  is 
vested.  With  us,  all  political  power  is  inherent  in  the 
people.  The  power  referred  to  is  usually  called  the 
elective  franchise,  or  the  right  to  vote.  It  is  customary 
in  the  United  States  to  restrict  this  right  to  male  citi- 
zens, twenty-one  years  of  age,  or  older.  Persons  under 
that  age,  as  a  rule,  are  considered  incompetent  to  vote 
understandingly  upon  questions  of  public  importance, 
but,  at  best,  the  rule  is  an  arbitrary  one.  Some  stand- 
ard must  be  adopted,  and  perhaps  the  one  in  use  is  as 
good  as  any  other  that  could  be  established.  To  con- 
struct a  general  law  to  cover  special  cases,  is  out  of  the 
question. 

Formerly,  a  property  qualification  was  required  of 
electors — that  is,  before  a  man  could  vote,  he  was 
obliged  to  prove  that  he  owned  a  certain  amount  of 
property,  or  paid  taxes  or  rents  of  a  specified  sum. 
Several  of  the  states  require  educational  qualifications 
of  electors,  while  others  do  not  even  require  citizen- 
ship of  the  United  States  as  a  test  of  eligibility  to 
vote. 

All  electors  who  are  not  accused  of  treason,  felony, 
or  breach  of  the  peace,  are  privileged  from  arrest  on 
election  day,  while  attending  the  election,  or  going  to 
or  returning  from  the  same.  No  elector  is  obliged  to 
perform  military  duty  on  the  day  of  election,  except 


62 


CIVIL    GOVERNMENT    OF    IOWA. 


in  time  of  war  or  public  danger.  Persons,  engaged  in 
the  military,  naval,  or  marine  service  of  the  United 
States,  do  not  gain  a  residence  in  the  state  by  being 
stationed  here  in  the  discharge  of  their  duties. 

Idiots  and  insane  persons  are  prohibited  from  exer- 
cising the  right  of  suffrage,  because  they  cannot  do  so 
understandingly.  The  only  qualified  electors  who  are 
denied  this  privilege,  are  those  who  have  been  con- 
victed of  some  infamous  crime.  It  would  not  be  wise 
to  allow  criminals  a  voice  in  making  the  laws. 

The  right  of  electors  to  vote  as  they  choose  is 
established  by  the  last  clause,  which  declares  that  all 
elections  by  the  people  shall  be  by  ballot. 

ARTICLE   III. — DISTRIBUTION   OF   POWER. 

Government,  both  state  and  tiatio}ial,  is  divided 
into  three  departments  —  legislative,  executive,  and 
judicial.  It  is  intended  that  each  department  shall  be 
independent  of  the  other  two,  but,  so  far,  entire  inde- 
pendence has  been  found  impossible.  Each  state  in 
the  Union  has  a  constitution  which  provides  for  these 
three  departments,  and  defines  the  powers  of  each. 
The  legislative  department  is  also  called  the  law-mak- 
ing power,  the  executive,  the  latv-enforcmg power ,  and 
the  judicial,  the  law-interpreting pozver. 


LEGISLATIVE    DEPARTMENT. 


ARTICLE  III.— Continued. 

The  legislative  authority  of  this  state  shall  be 
vested  in  a  general  assembly,  which  shall  consist  of  a 
senate  and  a  house  of  representatives;  and  the  style  of 
every  law  shall  be:  "Be  it  enacted  by  the  General 
Assembly  of  the  State  of  Iowa."  The  legislature  has 
the  power  to  enact  laws  on  any  subject  provided  they 
do  not  conflict  with  the  national  and  state  constitu- 
tions, or  with  any  acts  of  congress. 

HOUSE   OF   REPRESENTATIVES. 
Composition.     The  house  of  representatives,  or 
lower  house,  as  it  is  sometimes  called,  is  composed  of 
members  chosen  every  second  year,  by   the  qualified 
electors  of  their  respective  districts. 

QUALIFICATIONS. —  I.  Jige.     2.   Citizenship.     3.  Inhabi- 
tancy.    4.  Residence. 

Any  person,  having  the  required  qualifications  as 
to  age,  citizenship,  inhabitancy,  and  residence,  is  eligible 
to  a  seat  in  the  house  of  representatives,  if  properly 
elected.  A  representative  must  be  a  male  citizen  of 
the  United  States,  and  twenty-one  years  of  age.  He 
must  have  been  an  inhabitant  of  the  state  of  Iowa  one 
year  next  preceding  his  election,  and,  at  the  time  of 
his  election,  must  have  had  an  actual  residence  of  sixty 
days  in  the  county  or  district  he  was  chosen  to  rep- 
resent. 

-63- 


64 


LEGISLATIVE    DEPARTMENT. 


NUMBER   OF   MEMBERS. 

The  house  of  representatives,  at  present,  consists 
of  one  hundred  members,  the  largest  number  autho- 
rized by  the  constitution.  The  number  of  representa- 
tive districts  is  ninety- one ,  and  the  ratio  of  repre- 
sentation is  one  representative  for  every  twenty-four 
thousand  inhabitants,  or  fraction  thereof  more  than 
one-half,  in  each  representative  district.  As  the  popu- 
lation of  the  state  increases,  it  becomes  necessary  to 
increase  the  basis  of  representation.  This  is  done  at 
each  regular  session  of  the  general  assembly.  No  rep- 
resentative district  can  contain  more  than  four  counties, 
and  each  district  is  entitled  to  at  least  one  represen- 
tative. 

Every  county  or  district,  having  a  number  of 
inhabitants  equal  to  one-half  of  the  basis  of  representa- 
tion, is  entitled  to  one  representative,  and  any  one 
county  having  one  and  one-half  times  the  basis  of  rep- 
resentation, is  entitled  to  one  additional  representative. 
By  this  provision,  there  is  a  gain  of  nine  members 
in  the  eighty-eight  districts  of  the  state. 

CENSUS. 

Section  33,  of  Article  III,  of  the  constitution,  says, 
"  The  general  assembly  shall,  in  the  years  1859,  1863, 
1865,  1867,  1869,  1875,  and  every  ten  years  thereafter, 
cause  an  enumeration  to  be  made  of  all  the  inhabitants 
of  the  state.  These  enumerations,  together  with  the 
United  States  census,  taken  on  the  first  year  of  each 
regular  decade,  enable  the  general  assembly  to  appor- 
tion the  senators  and  representatives  among  the  several 
districts. 


LEGISLATIVE     DEPARTMENT.  65 

WHEN   CHOSEN. 

The  members  of  the  house  of  representatives  are 
chosen  at  the  general  election,  held  on  Tuesday  after 
the  first  Monday  in  November  of  each  odd-numbered 
year.  In  some  of  the  states,  the  meetings  of  the  legis- 
lature are  held  every  year,  and  the  members  in  such 
instances  are  elected  annually. 

QUALIFICATIONS   OF  ELECTORS, 

It  will  be  seen  by  Art.  II,  Sec.  i,  of  the  constitu- 
tion, that  every  male  citizen  of  the  United  States, 
twenty-one  years  of  age,  who  has  been  a  resident  of 
the  state  six  months,  and  of  the  county  in  which  he 
claims  his  vote,  sixty  days  next  preceding  the  election, 
is  duly  qualified  to  vote  at  any  election  held  in  the 
state.  Sections  /our  and  /z>e  of  the  same  article  con- 
tain the  only  exceptions  to  the  foregoing.     (See  Const.) 

The  term  citizeti  is  often  improperly  restricted  to 
those  persons  who  have  the  right  to  vote.  The  four- 
teenth amendment  to  the  United  States  constitution 
says,  "  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citi- 
zens of  the  United  States  and  of  the  state  wherein 
they  reside."  In  some  states,  foreigners  acquire  the 
right  to  vote  at  all  state  elections  upon  taking  out  the 
first  naturalization  papers.  That  is  not  the  case  in 
Iowa,  however.  Here  a  foreigner  must  have  completed 
the  process  of  naturalization  before  voting  at  any 
election. 

VACANCIES. 

When  vacancies  occur  in  either  house,  it   is  the 
duty  of  the  governor,   or  acting   executive  officer,  to 
issue  writs  of  election  to  fill  such  vacancies. 
s 


66  LEGISLATIVE     DEPARTMENT. 

POWERS. 

The  house  of  representatives  has  the  same  power 
as  the  senate  in  general  law-making.  Bills  may  origi- 
nate in  either  house,  and  may  be  amended,  altered,  or 
rejected  by  the  other.  The  power  to  impeach  state 
officers  is  vested  in  the  house  of  representatives,  but 
the  trial  of  all  persons  impeached  rests  with  the  senate. 
With  this  exception,  the  powers  of  both  houses  are  the 
same. 

THE   SENATE. 

The  senate  is  a  representative  body,  its  members 
being  chosen  by  the  people,  but  it  has  only  one-half  as 
many  members  as  the  house  of  representatives.  It 
was  intended  that  its  members  should  be  men  of  wide 
experience  in  public  affairs. 

COMPOSITION. 

The  senate  is  composed  of  members  chosen  at  the 
same  time  and  place  as  members  of  the  lower  house. 
The  senatorial  term  is  four  years. 

QUALIFICATIONS. 

Senators  must  be  at  least  twenty-five  years  of  age. 
The  qualifications  as  to  citizensJiip,  inJiabitancy  and 
residence  are  the  same  as  for  representatives.  The 
duties  of  senators  are  considered  to  be  more  responsi- 
ble than  those  of  representatives,  and  hence  the  dis- 
tinction in  age  is  made.  In  this  respect,  the  state 
constitution  is  modeled  after  the  constitution  of  the 
United  States. 

NUMBER   OF   MEMBERS. 

The  constitution  provides  that  the  number  of  sena- 
tors shall  not  be  less  than  one-third,  nor  more  than 
one-half,  of  the    representative    body.     The  senate  is 


LEGISLATIVE    DEPARTMENT.  67 

now  composed  of  fifty  members,  the  largest  number 
possible.  In  some  of  the  other  states,  the  number  of 
senators  is  considerably  smaller  than  in  our  own  state. 
In  all  of  the  states,  the  senate  has  fewer  members  than 
the  house.  The  ratio  of  apportionment  now  is,  one 
senator  for  every  forty-six  thousand  inhabitants  in  each 
senatorial  district. 

HOW    CLASSED. 

At  the  first  session  of  the  legislature,  the  senators 
were  divided  into  two  classes  as  nearly  equal  as  possi- 
ble. The  term  of  those  belonging  to  the  first  class 
expired  in  two  years,  and  that  of  the  others  in  four 
years.  The  successors  of  the  members  of  each  class 
were  chosen  for  four  years.  As  the  number  of  sena- 
tors increased,  they  were  annexed,  by  lot,  to  one  or 
the  other  of  the  two  classes,  so  as  to  keep  them  as 
nearly  equal  in  numbers  as  practicable.  At  present, 
there  are  two  classes  of  twenty-five  members  each. 

SENATE   POWERS. 

The  senate  is  co-ordinate  with  the  house  in  all 
general  legislation.  The  impeachment  of  all  state 
officers  rests  with  the  house  of  representatives,  but 
the  trial  of  those  impeached  is  conducted  by  the  sen- 
ate. When  acting  as  a  court  in  such  cases,  the  sena- 
tors are  placed  under  oath  or  affirmation  to  decide  the 
case  upon  its  merits.  No  person  can  be  convicted 
without  the  concurrence  of  two-thirds  of  the  members 
present. 

The  governor,  judges  of  the  supreme  and  district 
courts,  and  other  state  officers,  are  liable  to  impeach- 
ment for  any  misdemeanor  or  malfeasance  in  office. 
Judgments  in  such  cases  extend  only  to  removal  from 


68  LEGISLATIVE     DEPARTMENT. 

office,  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit  under  the  state.  The  decision  of  the 
senate  does  not  prevent  the  offender  from  being 
indicted,  tried,  and  punished,  according"  to  the  laws 
which  govern  the  crime  of  which  he  is  accused. 

PROVISIONS   COMMON   TO   BOTH    HOUSES. 

Time  of  meeting.  The  sessions  of  the  general 
assembly  are  held  once  in  two  years,  at  the  seat  of  gov- 
ernment, and  commence  on  the  second  Monday  in 
January  of  each  even-numbered  year.  The  governor 
may,  in  cases  of  necessity,  convene  the  general  assem- 
bly by  proclamation,  before  the  regular  time  of  com- 
mencement. At  two  o'clock  in  the  afternoon  of  the 
day  on  which  the  legislature  meets,  each  house  is 
called  to  order  by  some  person  present  who  claims  to 
be  a  member.  A  temporary  secretary  of  the  senate, 
and  clerk  of  the  house  are  then  chosen,  and  they  pro- 
ceed to  prepare  lists  of  those  claiming  membership, 
each  for  his  own  house. 

The  persons  whose  names  appear  on  these  lists, 
appoint  a  committee  of  five  on  the  credentials  of  mem- 
bers of  each  house.  The  chairman  of  these  commit- 
tees  report  the  names  of  those  who  hold  certificates  of 
tlection  to  membership,  and  each  house  then  proceeds 
to  form  a  permanent  organization,  by  the  election  of 
officers.  The  lieutenant-governor  is  ex-officio  presid- 
ing officer  of  the  senate  and  acts  in  this  capacity  during 
the  term  for  which  he  is  elected.  He  is  not  a  member 
of  the  senate,  however.  The  presiding  officer  of  the 
house  of  representatives,  called  the  speaker,  is  chosen 
from  among  its  own  members.  The  other  officers  of 
the  senate  are  the  secretary  and  two  assistants,  an 


:^EGISLATIVE    DEPARTMENT.  69 

enrolling  clerk,  an  engrossing  clerk,  a  sergeant-at-arms, 
janitor,    and    doorkeeper.     The    house   officers    are,  a# 
chief  clerk  and  two  assistants,  clerks  for  enrolling  and 
engrossing,    a    sergeant-at-arms,    two    postmasters,    a 
doorkeeper,  janitor  and  assistant,  and  mail  carrier. 

OATH. 

Members  of  the  general  assembly,  must  take  an 
oath  or  affirmation  before  entering  upon  the  discharge 
of  their  duties.  The  form  of  the  oath  is  as  follows: 
"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be), 
that  I  will  support  the  constitution  of  the  United 
States,  and  the  constitution  of  the  state  of  Iowa,  and 
that  I  will  discharge  the  duties  of  senator  (or  repre- 
sentative), to  the  best  of  my  ability."  This  is,  sub- 
stantially, the  oath  taken  by  all  officers  in  the  state, 
from  the  lowest  to  the  highest.  Members  of  either 
house  are  authorized  to  administer  the  oath  to  each 
other,  or  to  any  other  persons  doing  business  with 
them  when  in  session,  or  when  acting  as  members  of 
committees. 

SALARY. 

The  members  of  the  general  assembly  are  allowed 
a  compensation  for  their  services,  the  amount  of  which 
shall  be  determined  by  law.  At  the  fir-t  meeting 
under  the  new  constitution,  the  members  of  each 
house  received  three  dollars  per  day  for  their  services 
while  in  session,  and  three  dollars  for  every  twenty 
miles  traveled  in  going  to  and  returning  from  the  seat 
of  government  by  the  nearest  traveled  route. 

The  law  now  is  that  every  member  shall  receive 
five  hundred  and  fifty  dollars  for  each  regular  session, 
and  five  cents  a  mile  in  going  to  and  returning  from 
the      capital.  For      each      special      session,       each 


'JO  LEGISLATIVE     DEPARTMENT. 

member  receives  the  same  compensation  per  day  that 
was  received  by  members  at  the  preceding  regular 
session.  For  example,  if  the  legislature  remained  in 
session  one  hundred  days  at  the  last  regular  meeting, 
the  rate  per  day  would  be  five  dollars  and  a  half.  This, 
then,  would  be  the  rate  of  compensation  for  each  day 
of  the  special  session.  In  no  case,  however,  can  the 
pay  of  members  for  any  special  session,  be  more  than 
six  dollars  per  day,  exclusive  of  mileage.  Members 
and  clerks  are  supplied  with  all  necessary  stationery  at 
the  expense  of  the  state. 

The  compensation  of  officers  of  the  legislature 
who  are  not  members  of  either  house,  is  also  fixed  by 
law.  The  Twenty-third  General  Assembly  established 
the  following  rates:  The  secretary  of  the  senate  and 
chief  clerk  of  the  house  shall  each  receive  seven  dollars 
per  day,  the  assistant  secretaries  and  clerks,  six  dollars 
per  day,  and  the  enrolling  and  engrossing  clerks  five 
dollars  per  day,  each.  The  sergeants-at-arms,  door- 
keepers, janitors,  and  postmasters  shall  be  paid  four 
dollars  each,  and  the  mail  carrier,  five  dollars.  The 
clerks  of  committees  shall  receive  three  dollars,  the 
paper-folders,  two  dollars  and  fifty  cents,  and  the  mes- 
sengers, two  dollars  per  day,  each. 

At  the  expiration  of  thirty  days  from  the  conven- 
ing of  the  general  assembly,  the  members  are  entitled 
to  draw  the  mileage  due  them,  and  also  one-half  of 
the  compensation  for  the  entire  session.  The  minor 
officers  and  employes  receive  their  pay  from  time  to 
time  upon  the  certificates  of  the  presiding  officers  of 
the  respective  houses  in  which  they  are  employed. 
The  remainder  of  the  salary  is  paid  at  the  close  of  the 
session. 


LEGISLATIVE    DEPARTMENT.  Jl 

MEMBERS. 

Each  house  chooses  its  own  officers  and  judges  of 
the  qualification,  election,  and  return  of  its  own 
members.  A  person,  who  has  not  all  the  necessary- 
qualifications  for  membership  may  be  elected,  and  his 
certificate  of  election  properly  returned.  It  is  left 
with  each  house  to  decide  all  questions  of  this  kind. 
A  contested  election  is  settled  in  a  manner  prescribed 
by  law.  The  speaker  of  the  house  holds  his  office  the 
full  term  for  which  he  was  elected,  but  all  other  officers 
serve  only  during  the  session  at  which  they  were 
chosen. 

A  majority  of  the  members  of  each 
house  constitute  a  quorum  for  the  transaction  of  busi- 
ness. A  smaller  number  may  adjourn  from  day  to 
day,  and  may  compel  the  attendance  of  absent  mem- 
bers, in  such  manner,  and  under  such  penalties,  as 
each  house  may  provide. 

ADJOURNMENTS,    PENALTIES,    ETC. 

Each  house  determines  the  time  of  its  own  adjourn- 
ments with  the  restriction  that  neither  house  shall, 
without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in 
which  they  may  be  sitting.  The  reason  for  this  excep- 
tion is,  that  one  house  might  retard  the  business  of 
the  other,  or  prevent  legislation  altogether  by  adjourn- 
Mng  from  place  to  place,  or  for  an  indefinite  period  of 
time. 

In  addition  to  keeping  and  publishing  a  journal  of 
its  own  proceedings,  each  house  determines  the  rules 
by  which  it  is  governed.  In  the  absence  of  other  rules, 
those  contained  in  Cushing's  Manual  of  parliamentary 


*JZ  LEGISLATIVE     DEPARTMENT. 

practice  are  used.  One  of  the  rules  established  by  the 
constitution  is,  that  each  house  shall  sit  with  open 
doors,  except  on  such  occasions  as  require  secrecy. 
This  is  not  properly  a  rule  of  order,  however. 

Members  may  be  punished  or  expelled  for  dis- 
orderly conduct.  It  requires  a  two-thirds  majority  to 
expel,  and  no  person  can  be  so  punished  a  second  time 
for  the  same  offense. 

PRIVILEGES. 

Of  speech.  No  member  can  be  called  in  ques- 
tion in  any  other  place  for  anything  that  he  may  say  in 
any  speech  or  debate  upon  any  question  in  either  house. 
The  rules  of  order  determine  the  mode  of  procedure 
in  debate,  and  a  member  may  be  denied  the  right  to 
participate  in  discussion  for  violating  those  rules. 

From  arrest.  Senators  and  representatives,  in 
all  cases  except  treason,  felony,  and  breach  of  the 
peace,  are  privileged  from  arrest  while  attending  a  ses- 
sion of  the  legislature,  and  in  going  to  and  returning 
from  the  same.  Were  it  not  for  this  provision,  such 
persons  might  be  unlawfully  detained,  to  the  detri- 
ment of  themselves  and  the  people  they  were  chosen 
to  represent. 

Protest.  Any  member  has  the  right  to  dissent 
from,  or  protest  against  any  act  or  resolution  which  he 
may  consider  injurious  to  the  public,  or  to  private  citi- 
zens. He  may  also  have  his  objections  to  the  measure 
entered  upon  the  journal  of  the  house  of  which  he  is- 
a  member.  At  the  call  of  any  two  members  present, 
a  vote  by  yeas  and  nays  must  be  taken  and  recorded 
in  the  journal.  The  process  of  voting  in  this  way  is 
longer  than  the  ordinary  one,  but  it  serves  to  put  each 
member  upon  record  as  to  how  he  votes.     The  names 


LEGISLATIVE    DEPARTMENT.  73 

of  members  and  manner  of  voting  are  made  a  part  of 
the  record,  and  the  people,  in  this  way,  are  enabled  to 
learn  just  what  their  representatives  are  doing. 

From  arrest.  Any  person  who  knowingly  arrests 
a  member  in  violation  of  his  privilege,  is  guilty  of  con- 
tempt, and  may  be  punished  by  fine  or  imprisonment, 
or  both.  The  same  penalty  may  be  inflicted  upon  any 
one  for  assaulting  or  threatening  to  assault  a  member, 
or  injure  his  person  or  property  on  account  of  any- 
thing said  or  done  by  him  in  the  discharge  of  his 
duties.  Any  attempt  to  control  or  influence  the  action 
of  a  member,  by  menace  or  other  improper  means,  is 
considered  a  contempt,  and  may  be  punished  as  pre- 
scribed above.  Several  minor  Offenses  may  be  treated 
in  the  same  way. 

PENALTIES. 

Fines  and  imprisonments  for  contempt  are  made 
upon  an  order  from  the  proper  house.  The  order,  with 
the  reasons  for  which  it  was  issued,  must  be  entered 
upon  the  journal.  A  warrant  for  imprisonment  is  signed 
by  the  presiding  officer  and  countersigned  by  the 
secretary  or  clerk.  The  sheriff,  or  jailor,  of  the  proper 
county  receives  the  warrant,  and  serves  it  in  the  same 
manner  as  any  other  writ.  Such  imprisonment  cannot 
extend  beyond  the  session  at  which  it  is  ordered,  but 
the  guilty  party  may  be  tried  and  punished  for  the 
same  offense,  in  the  courts  of  the  state. 

Witnesses.  Any  person  may  be  summoned,  by 
subpoena,  to  appear  before  any  committee  of  either  or 
both  houses  to  testify  upon  any  subject  which  the  com- 
mittee may  be  considering.  The  person  so  summoned 
is  entitled    to   the   same    compensation    as   witnesses 


74  LEGISLATIVE    DEPARTMENT. 

before  the  district  court,  but  he  cannot  demand  the 
payment  of  his  fees  in  advance. 

PROHIBITIONS. 
On  Members.  As  a  means  of  preventing  fraud, 
the  following  section  was  adopted :  "  No  senator  or 
representative  shall,  during  the  time  for  which  he  shall 
have  been  elected,  be  appointed  to  any  civil  office  of 
profit  under  this  state,  which  shall  have  been  created, 
or  the  emoluments  of  which  shall  have  been  increased 
during  such  term,  except  such  offices  as  may  be  filled 
by  elections  by  the  people."  A  similar  provision  is 
contained  in  the  constitution  of  the  United  States. 

Persons  holding  lucrative  offices  under  the 
United  States,  the  state  of  Iowa,  or  any  other  power, 
are  declared  by  the  constitution  of  the  state  to  be  ineli- 
gible to  a  seat  in  the  general  assembly.  Officers  of  the 
militia,  who  draw  no  annual  salary,  justices  of  the 
peace,  postmasters,  whose  compensation  is  not  more 
than  one  hundred  dollars  per  year,  and  notaries  public, 
are  not  included  in  the  provisions  of  this  section. 

Before  any  person,  who  has  been  a  holder  or 
collector  of  public  money,  can  take  his  seat  as  a  mem- 
ber of  the  general  assembly,  or  be  eligible  to  hold  any 
office  of  trust  or  profit  in  this  state,  he  must  have 
accounted  for  and  paid  into  the  treasury  all  funds 
belonging  to  his  office.  This  is  to  prevent  persons, 
guilty  of  appropriating  public  money  to  improper  uses, 
from  becoming  legislators  in  their  own  behalf. 

ON   OFFICERS,    ETC. 
After  any  officer,  public  agent,  or  contractor,  has 
entered  upon  the  discharge  of  his  duties,  or  completed 
the  services  agreed  upon,  he  cannot  receive  any  extra 


LEGISLATIVE    DEPARTMENT.  75 

compensation  for  such  services.  No  money  can  be 
drawn  from  the  public  treasury  except  in  accordance 
with  appropriations  made  by  law.  Money  cannot  be 
paid  on  any  claim  that  was  not  provided  for  by  pre- 
existing laws,  and  the  appropriation  of  public  money 
or  property,  for  private  purposes,  cannot  be  made 
except  with  the  concurrence  of  two-thirds  of  all  the 
members  elected  to  each  house. 

ON   THE   LEGISLATURE. 

The  general  assembly  is  forbidden  to  pass  any 
local  or  special  laws  for  levying  taxes  for  state,  county, 
or  road  purposes  ;  for  laying  out  and  improving  roads  ; 
for  changing  the  names  of  persons ;  for  the  incorpora- 
tion of  cities  and  towns ;  for  vacating  roads,  town 
plats,  streets,  alleys,  or  public  squares;  and  for  locating 
or  changing  county  seats.  In  these  and  all  other  cases 
of  a  general  nature,  all  laws  must  be  of  uniform  opera- 
tion throughout  the  state.  The  legislature  can  pass 
no  law  for  changing  the  boundaries  of  counties,  that 
may  not,  at  a  general  election,  be  ratified  or  rejected 
by  the  people  of  the  counties  affected. 

The  general  assembly  is  prohibited  from  grant- 
ing divorces,  or  authorizing  lotteries  and  the  sale  of 
lottery  tickets  within  the  state.  Only  one  subject, 
with  the  matters  pertaining  to  it,  can  be  included  in 
any  one  bill,  and  the  subject  treated  of  must  be  stated 
in  the  title  of  the  bill.  If  the  subject  matter  of  any 
bill  is  not  expressed  in  the  title,  that  part  of  the  act 
referring  to  such  subject  matter  is  void. 

Laws  of  a  public  nature,  passed  at  a  regular 
session  of  the  legislature,  do  not  take  effect  until  the 
Fourth  of  July  after  they  are  passed.  The  laws 
enacted  at  a  special  session  take  effect  in  ninety  days 


76  LEGISLATIVE    DEPARTMENT. 

after  adjournment.  Any  law  that  is  deemed  to  be  of 
special  importance  may  be  put  into  effect  by  publica- 
tion in  certain  designated  newspapers  published  in  the 
state. 

LAW    MAKING. 

The  draft  of  a  proposed  law  is  called  a  bill.  As 
it  would  be  impossible,  in  open  session,  to  transact  all 
business  connected  with  law-making,  it  is  customary  to 
refer  certain  parts  of  the  work  t  )  committees.  These 
committees  are  of  two  kinds,  standing  and  special. 
The  nature  of  the  measure  determines  the  committee 
to  which  it  is  referred.  Committee  meetings  are  held 
between  the  daily  sessions  of  the  legislature,  and  the 
result  of  their  deliberations  is  reported  to  the  proper 
house  for  final  action. 

Bills  may  be  introduced  in  either  house,  but 
the  other  house  may  alter,  amend,  or  reject  them 
altogether.  Before  a  bill  can  become  a  law,  it  must 
pass  both  houses  and  be  signed  by  the  speaker  of  the 
house  and  president  of  the  senate.  It  is  then  pre- 
sented to  the  governor  for  approval.  If  he  is  satisfied 
with  its  provisions,  he  affixes  his  signature  and  the  bill 
becomes  a  law.  If  he  objects  to  the  bill,  it  is  his  duty 
to  return  it  to  the  house  in  which  it  originated,  with 
his  objections. 

These  objections  being  entered  upon  the  journal, 
this  house  then  proceeds  to  reconsider  the  bill.  If, 
after  such  reconsideration,  the  bill  is  again  passed  by 
a  two-thirds  majority  of  each  house,  it  becomes  a  law, 
notwithstanding  the  governor's  objections.  The  refusal 
of  the  governor  to  sign  a  bill  is  called  his  veto.  Veto 
is  a  Latin  expression,  signifying,  "  I   forbid  it."     The 


LEGISLATIVE     DEPAKTMEXT.  77 

veto  power  has  been  exercised  but  once  in  this  state 
during  the  past  twelve  years. 

The  failure  of  the  governor  to  return  a  bill 
within  three  days  from  the  time  it  is  presented  to  him 
(Sunday  excepted),  is  equivalent  to  his  signature, 
unless  the  general  assembly,  by  adjournment,  prevent 
its  return.  A  bill  presented  to  the  governor  during 
the  last  three  days  of  the  session  must  be  deposited  by 
him  with  the  secretary  of  state  within  thirty  days 
from  the  time  the  legislature  adjourned.  He  must 
also  signify  his  approval  by  signing  the  bill,  or  if  he 
vetoes  it,  his  objections  must  be  filed  with  the  secre- 
tary of  state,  along  with  the  bill  itself. 

Every  act  or  resolution  receives  three  separate 
readings,  but  its  second  and  third  readings  can  not 
occur  upon  the  same  day.  A  bill  cannot  be  passed 
without  the  assent  of  a  majority  of  all  the  members 
elected  to  each  branch  of  the  legislature.  The  ques- 
tion upon  its  final  passage  must  be  taken  immediately 
after  its  last  reading,  the  vote  being  by  yeas  and  nays. 

Certain  business  of  the  general  assembly  is 
transacted  in  joint  convention  of  both  houses.  Such 
meetings  are  held  in  the  hall  of  the  house  of  represen- 
tatives, and,  in  the  absence  of  the  president  of  the 
senate  and  speaker  of  the  house,  a  temporary  presi- 
dent is  chosen  on  joint  ballot.  A  record  of  the  pro- 
ceedings is  kept  by  the  clerk  of  the  house  and  the 
secretary  of  the  senate,  and  recorded  by  them  upon 
the  journals  of  their  respective  houses. 

United  States  senators  are  elected  by  the  legis- 
lature in  joint  convention  in  the  following  manner: 
The  names  of  the  members  are  arranged  in  alphabeti- 
cal order,  and  each  one  votes  in  the  order  in  which  his 


78 


LEGISLATIVE     DEPARTMEXT. 


name  stands  on  the  list.  The  name  of  the  person 
voted  for,  and  of  the  one  voting,  are  recorded  in 
writing  by  the  judges  of  election,  and,  after  the  names 
are  read  a  second  time,  to  correct  any  errors  of  record 
that  may  have  been  made,  the  judges  report  to  the 
presiding  officer  the  number  of  votes  each  candidate 
has  received.  If  no  one  has  received  a  majority  of  all 
the  votes  cast,  a  second  vote  is  taken,  and  so  on  from 
time  to  time  until  some  one  receives  a  majority.     • 

The  person  receiving  such  a  majority  is  declared 
to  be  duly  elected,  and  the  president  of  the  conven- 
tion signs  duplicate  certificates  of  election,  one  of 
which  is  transmitted  to  the  governor,  the  other  being 
preserved  as  a  part  of  the  records  of  the  convention. 
This  is  substantially  the  plan  pursued  in  the  election 
of  all  officers  chosen  by  the  general  assembly  in  joint 
convention. 


EXECUTIVE   DEPARTMENT. 


ARTICLE   IV. 

To  this  department  belongs  the  power  of  exe- 
cuting, or  carrying  into  effect,  the  laws  of  the  state. 
Its  principal  officer  is  the  governor,  who  holds  his 
office  for  two  years  from  the  time  of  his  installation. 
He  is  elected  by  the  qualified  electors  of  the  state  on 
the  second  Tuesday  in  October  of  each  odd-numbered 
year.  The  duties  of  the  governor  are  very  important, 
for  to  him  is  entrusted  the  care  of  seeing  that  all  the 
laws  are  faithfully  enforced.  A  lieutenant-governor  is 
chosen  at  the  time  of  the  election  of  governor,  who 
also  holds  his  office  for  two  years. 

The  qualifications  of  the  governor  differ  in  dif- 
ferent states.  In  Iowa,  no  person  is  eligible  to  that 
position  who  is  not  a  male  citizen  of  the  United  States, 
at  least  thirty  years  of  age,  and  who  has  not  been  a 
resident  of  the  state  the  two  years  next  preceding  the 
election.  The  same  qualifications  are  required  of  can- 
didates for  the  position  of  lieutenant-governor. 

The  official  term  of  these  officers  commences 
on  the  second  Monday  in  January  following  their  elec- 
tion, and  continues  for  two  years  and  until  their  suc- 
cessors are  elected  and  qualified.  The  returns  of  the 
election  for  governor  and  lieutenant-governor  are  sealed 
and  transmitted  to  the  seat  of  government.  They 
are  directed  to  the  speaker  of  the  house  of  representa- 

—79— 


8o  EXECUTIVE    DEPARTMENT. 

tives,  and  it  is  his  duty  to  open  and  publish  them  in 
the  presence  of  both  houses  of  the  general  assembly. 
In  some  states,  these  officers  are  elected  every  year. 

The  persons  who  have  received  the  highest 
number  of  votes  for  governor  and  lieutenant-governor 
respectively,  are  declared  elected.  In  case  of  a  tie 
vote  for  two  or  more  persons  for  either  office,  it  is  the 
duty  of  the  general  assembly  in  joint  meeting  to  pro- 
ceed to  the  election  of  governor  or  lieutenant-gov- 
ernor, as  the  case  may  be. 

The  governor  is  commander-in-chief  of  the 
militia,  and  of  the  army  and  navy  of  the  state.  He 
transacts  business  with  all  civil  and  military  officers  of 
the  government,  and  receives  information  from  the 
other  officers  of  the  executive  department  upon  any 
subject  pertaining  to  their  duties. 

When  any  office  becomes  vacant  from  any  cause, 
it  is  the  duty  of  the  governor  to  fill  the  vacancy  by 
appointment  unless  the  constitution  or  laws  of  the 
state  provide  some  other  way.  The  appointment  last? 
only  until  the  end  of  the  next  meeting  of  the  legisla- 
ture or  the  next  general  election  by  the  people. 

He  may,  on  extraordinary  occasions,  call  a 
special  session  of  the  general  assembly  by  proclama- 
tion, and  when  both  houses  have  assembled,  it  is  his 
duty  to  state  to  them  the  reasons  for  which  they  have 
been  convened.  This  action  is  rarely  taken  except  in 
cases  of  public  danger,  as  the  expense  of  holding  a 
session  for  a  few  days  only,  amounts  to  a  large  sum  of 
money.  The  mileage  is  the  same  for  a  special  as  for 
a  regular  session. 

After  the  organization  of  the  general  assembly 
is  completed,  the  governor's  message  is  read  to  each 


EXECUTIVE    DEPARTMENT. 


8i 


house  by  its  clerk.  This  message  contains  a  state- 
ment of  the  condition  of  the  state,  together  with  such 
recommendations  as  the  governor  may  see  fit  to  make 
concerning  matters  of  importance.  This  document 
corresponds  to  the  president's  annual  message  to  con- 
gress, and  is  always  written  or  printed.  The  first  two 
presidents  made  their  recommendations  in  person,  but 
since  their  time,  the  present  custom  has  prevailed. 

In  case  both  houses  fail  to  agree  upon  the  time 
of  adjournment,  the  governor  fixes  the  time  at  which 
that  body  shall  stand  adjourned.  The  power  to  pro- 
rogue or  forbid  the  assembling  of  the  legislature  is 
expressly  denied  by  the  last  clause  of  section  thirteen 
of  this  article. 

The  governor  has  power  to  grant  commutations 
and  pardons  in  all  cases  except  treason  and  impeach- 
ment, subject  to  regulations  provided  by  law.  A 
reprieve  is  a  temporary  suspension  of  the  death  penalty 
that  has  been  passed  upon  a  person  convicted  of  a  capi- 
tal crime.  For  a  number  of  years  the  death  penalty 
was  forbidden  by  the  laws  of  the  state,  but  it  was 
revived  in  1878  and  may  be  applied  upon  conviction 
of  murder  in  the  first  degree.  A  commutation  of  a 
sentence  shortens  the  time  or  lessens  the  severity  of 
the  punishment.  A  pardon  forgives  the  criminal  and 
orders  his  release. 

After  a  person  has  been  convicted  of  treason, 
the  governor  may  suspend  the  execution  of  the  sen- 
tence until  the  legislature  can  act  upon  the  matter. 
That  body  may  either  grant  a  pardon,  commute  the 
sentence  or  direct  its  execution,  or  extend  the  time  of 
the  reprieve.     The  governor  has  the  power  to  remit 


»3 


EXECUTIVE    DEPARTMENT. 


fines  and  forfeitures  also,  but  under  certain  restrictions 
made  by  law. 

Each  case  of  reprieve,  commutation,  pardon,  or 
remission  of  fine  or  forfeiture  must  be  reported  to  the 
general  assembly  at  its  next  meeting.  The  name  of 
the  person  relieved  from  any  of  the  above  psnalties 
with  the  reasons  for  the  executive  action  must  form  a 
part  of  the  report. 

The  lieutenant-governor  is  ex-officio  president  of 
the  senate,  but  he  has  no  vote  except  when  that  body 
is  equally  divided.  In  case  of  the  absence  or  disa- 
bility of  this  officer,  or  when  he  is  discharging  the 
duties  of  governor,  it  becomes  necessary  for  the  senate 
to  choose  a  president  pro-tem.  The  salary  of  the  lieu- 
tenant-governor is  fixed  at  double  that  of  members  of 
the  senate.  This,  according  to  the  present  law,  amounts 
to  eleven  hundred  dollars  for  the  term  of  two  years. 
In  case  of  the  death,  impeachment,  or  removal  of  the 
governor,  the  duties  of  that  officer  devolve  upon  the 
lieutenant-governor,  and  during  the  time  he  is  acting 
in  such  capacity,  he  receives  the  same  compensation 
as  the  governor. 

If  the  lieutenant-governor,  while  acting  as  gov- 
ernor, is  impeached  or  displaced,  or  for  any  other 
reason  becomes  unable  to  perform  the  duties  devolv- 
ing upon  him,  the  president /r^-/<f;«  of  the  senate  acts 
as  governor  until  the  vacancy  is  filled,  or  the  disability 
removed.  And  in  case  this  officer  becomes  disqualified 
from  any  cause,  the  speaker  of  the  house  of  represen- 
tatives acts  in  his  stead. 

The  governor  is  the  custodian  of  the  great  seal  of 
the  state  which  is  used  by  him  officially  in  sealing  all 
grants   and    commissions.      All   commissions   granted 


EXECUTIVE    DEPARTMENT. 


83 


by  the  governor  must  be  signed  by  him  and  counter- 
signed by  the  secretary  of  state.  The  motto  t»f  the 
state  is  a  grand  one :  "  Our  hberties  we  prize,  and  our 
rights  we  will  maintain." 

Besides  the  officers  of  the  executive  department 
already  mentioned,  the  people  elect  biennially,  a  sec- 
retary of  state,  an  auditor  of  state,  and  a  state  treas- 
urer, whose  duties  are  defined  by  law. 


JUDICIAL    DEPARTMENT. 


ARTICLE  V. 

The  judicial  department  consists  of  the  supreme 
and  district  courts  expressly  provided  for  by  the  con- 
stitution  and  the  circuit  and  justice  courts  established 
by  act  of  the  general  assembly.  At  first  the  supreme 
court  consisted  of  three  members,  two  of  whom  con- 
stituted a  quorum  for  holding  court.  This  number 
has  been  increased  to  five,  and  one  member  is  elected 
annually  for  five  years  in  each  period  of  six  years. 
Under  the  present  law,  there  will  be  no  judge  elected 
in  the  year  1892  but  every  sixth  year  thereafter.  The 
judge  having  the  shortest  term  to  serve  acts  as  chief 
justice.  From  this  it  will  be  seen  that  each  member 
of  the  supreme  court  is  chief  justice  during  the  last 
year  of  his  term.  Judges  of  this  court  are  ineligible 
to  any  other  office  in  this  state  during  the  term  for 
which  they  have  been  elected. 

The  supreme  court  is  a  tribunal  for  the  interpreta- 
tion of  law  and  the  correction  of  errors  made  by 
judges  of  the  lower  courts.  It  has  appellate  jurisdic- 
tion in  cases  of  chancery  only.  In  addition  to  the 
above-mentioned  powers,  this  court  has  the  general 
supervision  of  all  the  lower  courts. 

The  salary  of  judges  of  the  supreme  court  was 
fixed  by  section  nine  of  this  article,  at  two  thousand 
dollars  per  annum,  but  the  same  section  gave  the  gen- 
-84- 


MILITIA.  85 

eral  assembly  power  to  increase  the  compensation  from 
time  to  time.  The  salary  at  present  is  four  thousand 
dollars  per  annum. 

The  clerk  of  the  supreme  court  has  charge  of  all 
decisions  made  by  the  court.  His  duties  are  such  as 
are  indicated  by  his  title.  He  is  placed  under  bonds 
to  the  amount  of  not  less  than  ten  thousand  dollars, 
and  for  his  services,  he  receives  twenty-two  hundred 
dollars  per  year.  He  is  allowed  to  appoint  a  deputy, 
who  is  paid  twelve  hundred  dollars  per  year.  The  next 
election  of  clerk  and  reporter  of  the  supreme  court  occurs 
in  the  y*ar  1890.     Their  term  of  office  is  for  four  years. 

The  supreme  court  reporter  has  charge  of  publish- 
ing the  decisions  of  the  court  in  reports  of  from  750  to 
800  pages  each.  These  reports  are  copyrighted  in  the 
name  of  the  state,  and  the  reporter  is  forbidden  to 
have  any  pecuniary  interest  in  them.  Salary,  two 
thousand  dollars  per  year,  payable  quarterly. 

ARTICLE   VI. — MILITIA. 

All  able-bodied  male  citizens  of  the  state,  between 
the  ages  of  eighteen  and  forty-five  years,  except  such 
as  have  served  in  the  United  States  service  and  been 
honorably  discharged,  compose  the  militia.  The  gen- 
eral assembly  has  at  different  times  passed  laws  for 
arming,  equipping,  and  training  the  militia.  At  pres- 
ent, an  annual  appropriation  of  twenty  thousand  dol- 
lars is  made  to  cover  these  and  other  expenses.  All 
commissioned  officers  are  elected  by  those  subject  to 
military  duty,  and  commissioned  by  the  governor. 
Those  now  subject  to  military  duty  number  fully 
twenty-five  thousand  men. 


86  STATE    DEBTS. 

The  governor  is  commander-in-chief  of  the  militia, 
and  may  call  it  out  at  any  time  when  the  public  safety 
requires  it.  His  powers  are  limited  to  this  state  only, 
and  he  cannot  send  a  member  out  of  the  state  against 
his  will.  Practically,  the  militia  is  unorganized,  only  a 
small  portion  being  trained  and  equipped  for  duty. 
There  are  but  two  brigades  of  volunteers,  numbering 
in  all  about  twenty-three  hundred  men,  known  as  the 
"  Iowa  National  Guards." 

ARTICLE   VII. — STATE   DEBTS. 

This  article  provides  that  the  credit  of  the  state 
cannot,  in  any  manner,  be  given,  or  loaned,  to  any 
individual,  association,  or  corporations,  and  the  debts 
of  individuals,  associations,  or  corporations,  cannot  be 
assumed  by  the  state,  unless  they  were  incurred  for 
the  benefit  of  the  state  in  time  of  war. 

The  state  may  contract  debts  not  to  exceed  two 
hundred  and  fifty  thousand  dollars  to  supply  deficits 
in  revenue,  or  to  meet  expenses  not  otherwise  provided 
for.  Money  borrowed  on  the  credit  of  the  state  must 
be  used  for  no  other  purpose  than  that  for  which  it 
was  obtained. 

All  losses  to  the  permanent  school  or  university 
fund  which  have  been  caused  by  defalcation  or  mis- 
management, are  audited  by  the  proper  authorities  and 
form  a  permanent  funded  debt  against  the  state  for 
the  benefit  of  the  fund  that  has  sustained  the  loss. 
Indebtedness  created  in  this  way  does  not  form  a  part 
of  that  to  which  reference  is  made  in  the  preceding 
paragraph. 

The  state  may  also  contract  debts  for  its  deftmise 
in  time  of  war,  insurrection,  or  invasion.     During  the 


CORPORATIONS.  87 

late  civil  war,  debts  to  the  amount  of  three  hundred 
and  fifty  thousand  dollars  were  contracted  in  accord- 
ance with  section  four  of  this  article,  but  they  have 
all  been  paid  and  the  state  is  now  practically  out  of 
debt. 

Certain  other  debts  may  be  authorized  by  special 
act  of  the  general  assembly,  but  no  law  of  this  kind 
can  take  effect  until  it  has  been  ratified  by  a  majority 
vote  of  the  people  at  a  general  election.  After  such  a 
law  has  been  approved  by  the  people,  the  general 
assembly  may  repeal  it,  provided  no  debt  has  been 
created  in  the  mean  time,  for  the  purpose  for  which 
the  law  was  passed.  Every  law  that  imposes,  continues, 
or  revives  a  tax  must  state  the  object  to  which  the  tax 
is  to  be  applied. 

ARTICLE  VIII. — CORPORATIONS. 

A  corporation  is  an  association  of  persons  for  the 
transaction  of  business  under  one  firm  name,  or  as  a 
single  person.  Such  associations  are  usually  governed 
by  a  charter,  the  provisions  of  which  define  their 
powers  and  limit  their  responsibilities.  This  section 
provides  that  no  corporation  can  be  formed  by  special 
law,  but  the  general  assembly  may,  by  general  enact- 
ment, provide  for  the  organization  of  various  corpora- 
tions. The  state  cannot  become  a  stockholder  in  any 
organization  of  this  character,  and  no  liabilities  can 
be  assumed  by  the  state,  unless  they  were  contracted 
in  time  of  war.  The  property  of  all  corporations  for 
pecuniary  uses  is  subject  to  taxation  the  same  as  that 
of  private  citizens. 

It  is  expressly  provided  that  no  political  or  muni- 
cipal corporation  can  in  any  way  become  a  stockholder 


88  EDUCATION. 

in  any  banking  corporation,  and  no  association  of  per- 
sons with  banking  powers  can  be  formed  until  the  law 
authorizing  its  establishment  has  been  ratified  by  a 
majority  vote  of  the  people  at  an  election  held  at 
least  three  months  after  its  enactment.  The  remainder 
of  the  section  is  devoted  to  the  discussion  of  certain 
provisions  relating  to  banks  and  banking  corporations. 

ARTICLE   IX. — EDUCATION. 

By  this  article  the  educational  interests  of  the 
state  were  placed  under  the  control  of  a  board  of  edu- 
cation of  which  the  lieutenant-governor  was  the  pre- 
siding officer.  One  member  of  this  board  was  chosen 
from  each  judicial  district  for  a  term  of  four  years. 
The  board  was  so  organized  that  one-half  of  its  mem- 
bers were  chosen  every  second  year.  One  meeting 
was  held  each  year  at  a  time  fixed  by  the  general 
assembly,  but  no  meeting  could  last  for  a  longer  period 
than  twenty  days.  Special  meetings  might  be  called 
by  the  governor,  upon  the  recommendation  of  two- 
thirds  of  the  members  of  the  board. 

The  secretary  was  appointed  by  the  board,  and  it 
was  his  duty  to  keep  records  of  the  proceedings  of  all 
meetings  of  the  board,  and  have  them  published  for 
distribution  among  the  several  counties,  townships, 
and  school  districts.  All  of  its  rules  and  regulations 
were  considered  a  part  of  the  school  law  of  the  state, 
unless  they  were  altered,  amended,  or  repealed  by  the 
general  assembly.  The  governor  was,  ex-officio,  a  mem- 
ber of  the  board. 

It  had  no  power  to  levy  taxes  or  make  appropria- 
tions of  money  for  any  purpose,  but  all  contingent 
expenses  were  provided  for  by  law.     It  was  the  duty 


SCHOOL   FUNDS.  89 

of  the  board  to  provide  for  the  education  of  all  the 
youths  of  the  state  through  a  system  of  common 
schools,  at  least  one  of  which  was  to  be  kept  in  each 
school  district  for  not  less  than  three  months  each 
year.  The  compensation  of  its  members  was  the  same 
as  that  of  members  of  the  general  assembly,  and 
mileage  was  also  allowed  each  member  for  going  to  and 
returning  from  each  session. 

A  majority  of  the  board  was  a  quorum  to  transact 
business,  but  no  rule,  regulation,  or  law  could  be  passed 
without  the  concurrence  of  a  majority  of  all  the  mem- 
bers. The  vote  on  the  final  passage  of  any  measure 
was  by  yeas  and  nays.  Section  eleven  provided  for 
the  establishment  of  the  State  University  at  one  place 
without  branches  at  any  other  place,  and  the  univer- 
sity fund  was  secured  to  that  institution  and  no  other. 

Section  fifteen  provided  that  at  any  time  after  the 
year  1863,  the  general  assembly  might  reorganize  the 
board  of  education  or  abolish  it  altogether,  and  pro- 
vide for  the  educational  interests  of  the  state  in  some 
other  way.  The  board  was  abolished  by  chapter  fifty- 
two  of  the  laws  of  1864,  and  this  part  of  article  nine  has 
not  been  in  force  since  that  time. 

SCHOOL  FUNDS  AND  SCHOOL  LANDS. 

The  second  division  of  this  article  places  the 
school  funds  and  school  lands  under  the  control  of  the 
general  assembly.  The  proceeds  arising  from  the  rent 
or  sale  of  the  university  lands  constitute  a  fund  for  the 
use  of  the  State  University,  and  the  interest  arising 
from  this  fund  is  annually  appropriated  for  the  sup- 
port and  benefit  of  that  institution.  A  history  of  the 
university  wiU  be  found  in  the  chapter  entitled  ''State 
Institutions. " 


9©  AMENDMENTS. 

By  section  three,  very  liberal  appropriations  are 
made  for  the  benefit  of  the  common  schools.  The 
general  assembly  is  instructed  to  encourage,  by  all 
suitable  means,  the  promotion  of  intellectual,  scientific, 
moral,  and  agricultural  improvement.  The  different 
sources  from  which  the  permanent  school  fund  is 
derived,  have  been  mentioned  in  another  part  of  this 
volume.  The  money  paid  by  persons  for  exemption 
from  military  duty  and  the  net  proceeds  of  all  fines 
collected  in  the  .several  counties  for  any  violation  of 
the  penal  laws  of  the  state,  are  applied  for  the  benefit 
of  the  common  schools  in  the  counties  in  which  the 
money  is  collected.  All  fines  and  forfeitures  of  this 
kind  are  distributed  among  the  different  school  dis- 
tricts according  to  the  number  of  persons  of  school 
age,  to  be  used  for  the  support  of  the  schools,  or  the 
establishment  of  libraries. 

The  financial  agents  of  all  school  funds  are  the  same 
as  those  authorized  by  law  to  receive  and  control  the 
revenue  of  the  state  and  of  the  different  counties.  The 
distribution  of  all  money  for  the  support  of  the  common 
schools  is  made  in  proportion  to  the  number  of  persons 
between  the  ages  of  five  and  twenty-one  years. 

ARTICLE   X. — AMENDMENTS. 

It  is  evident  that  no  constitution  can  be  prepared 
to  meet  the  wants  of  all  future  times  and  generations. 
The  best  governments  on  earth  are  imperfect  and 
require  alterations  from  time  to  time.  All  constitu- 
tions provide  for  their  own  amendment,  but  the  process 
differs  in  different  states.  The  process  of  amending 
the  constitution  of  this  state  is  quite  lengthy,  but  it 
insures  the  people  against  hasty  action.  An  amend- 
ment may  be  proposed  in  either  house,  and,  if  a  major- 
ity of  all  the  members  of  each  house  favor  it,  it  is 
entered  upon  both  journals  wiih  the  yeas  and  nays,  and 


MISCELLANEOUS.  9I 

referred  to  the  next  assembly  at  its  regular  session. 
The  amendment,  as  adopted  by  the  first  assembly  to 
which  it  was  submitted,  is  published  in  the  papers 
designated  by  law,  for  three  months  previous  to  the 
election  of  members  of  the  next  general  assembly.  If 
ratified  by  a  majority  of  the  second  general  assembly, 
the  proposition  is  then  referred  to  the  electors  of  the 
state,  and  if  a  majority  of  the  votes  cast  favor  it,  it 
becomes  a  part  of  the  law  of  the  state. 

The  first  amendment  extended  the  right  of  suffrage 
by  striking  the  word  white  from  articles  2,3,  and  6  of 
the  constitution.  The  second,  or  prohibitory  a}ne?td- 
nient  was  ratified  by  the  people  at  a  special  election 
on  the  27th  of  June,  1882,  but  was  declared  uncon- 
stitutional by  the  supreme  court.  In  November,  1884, 
four  amendments  were  ratified  by  the  people.  The 
first  changed  the  time  of  holding  all  general  elections 
to  the  Tuesday  after  the  first  Monday  in  November. 
The  third  gives  the  general  assembly  power  to  change 
the  organization  of  the  state  for  district  court  purposes. 
The  fourth  provides  for  abolishing  the  grand  jury,  or 
for  changing  the  number  of  members  of  that  body  to 
not  less  than  five,  nor  more  than  fifteen,  according  to 
the  decision  of  the  general  assembly.  The  fifih 
amended  section  thirteen  of  article  five,  so  as  to  abolish 
the  office  of  district  attorney  and  to  provide  for  the 
election  of  a  county  attorney  in  each  county. 
ARTICLE   XI. — MISCELLANEOUS. 

Section  one  provides  that  the  jurisdiction  of  justices 
of  the  peace  shall  extend  to  all  civil  cases  (except 
chancery  cases  and  to.  real  estate  titles),  where  tlie 
amount  does  not  exceed  one  hundred  dollars.  By  the 
consent  of  both  parties,  the  jurisdiction  may  be  extend- 
ed to  any  amount  not  exceeding  three  hundred  dollars. 

The  second  section  declares  that  no  new  county, 
containing  less  than  four  hundred  and  thirty-two 
square  miles,  can  be  created.  The  territory  of  any 
organized  county  cannot  be  reduced  below  that  size. 


92  MISCELLANEOUS. 

Provision  is  made  for  the  organization  of  Worth  and 
other  counties  lying  to  the  west  of  it  along  the  north- 
ern boundary  of  the  state,  without  additional  territory. 
An  act  of  the  general  assembly  passed  in  January,  1870, 
erected  the  county  of  Crocker  from  the  northern  three 
tiers  of  townships  in  Kossuth  County,  but  the  supreme 
court  declared  the  act  unconstitutional  in  December 
of  the  following  year. 

Section  three.  No  county,  or  other  political  or 
municipal  corporation,  can  become  indebted  in  any 
manner,  or  for  any  purpose,  to  exceed  the  amount  of 
five  per  cent,  on  the  value  of  the  taxable  property. 
The  value  of  the  property  of  the  county  or  other  cor- 
poration is  determined  by  the  last  state  and  county 
tax-lists  previous  to  the  time  the  debt  was  incurred. 

The  next  section  provides  that  the  boundaries  of 
the  state  may  be  enlarged,  with  the  consent  of  con- 
gress and  the  general  assembly.  According  to  the 
latest  surveys,  the  area  of  the  state  comprises  56,025 
square  miles.  There  are  ninety-nine  counties,  and  all 
but  twenty-seven  of  them  have  been  organized  since 
the  state  was  admitted  into  the  Union. 

Section  Jive  is  as  follows  :  "  Every  person,  elected 
or  appointed  to  any  office,  shall,  before  entering  upon 
the  discharge  of  the  duties  thereof,  take  an  oath  or 
affirmation  to  support  the  constitution  of  the  United 
States,  and  of  this  state,  and  also  an  oath  of  office." 
The  form  of  the  oath  is  given  elsewhere.  The  sixth 
section  provides  that  persons  elected  to  fill  vacancies 
in  office  shall  serve  for  the  remainder  of  the  unexpired 
term  only,  and  all  persons  appointed  to  fill  vacancies 
in  office  shall  hold  until  the  next  general  election,  and 
until  their  successors  are  elected  and  qualified. 


SCHEDULE.  93 

The  seventh  section  prohibits  the  general  assem- 
bly from  locating  any  of  the  public  lands  which 
have  been  or  may  be  granted  by  congress  to  this  state, 
upon  lands  actually  settled,  without  the  consent  of  the 
occupant.  The  last  section  establishes  the  seat  of 
government  permanently  at  Des  Moines,  in  the  county 
of  Polk,  and  the  State  University  at  Iowa  City,  in 
Johnson  County. 

ARTICLE   XII. — SCHEDULE. 

The  constitution  is  declared  to  be  the  supreme 
law  of  the  state,  and  any  law  inconsistent  with  it  shall 
be  void.  The  general  assembly  was  authorized  to  pass 
all  laws  necessary  to  carry  the  constitution  into  effect. 
All  laws  that  were  in  force  at  the  time  the  constitution 
was  adopted,  and  not  inconsistent  with  it,  were  to 
remain  in  force  until  they  expired  or  were  repealed. 

All  proceedings  of  any  characters  pending  in  the 
courts  at  the  time  the  constitution  was  adopted,  were 
to  be  prosecuted  to  final  judgment  and  execution, 
and  all  offenses,  misdemeanors,  and  crimes  that  were 
committed  before  the  adoption  of  the  constitution 
were  to  be  subject  to  indictment,  trial,  and  punish- 
ment in  the  same  manner  as  they  would  have  been  if 
the  constitution  had  not  been  adopted. 

All  fines,  penalties,  or  forfeitures  due,  or  to  become 
due,  to  the  state,  or  to  any  county,  or  to  the  school 
fund,  were  reserved  to  the  fund  for  which  they  were 
intended,  in  the  manner  prescribed  by  law.  All  bonds 
executed  to  the  state,  or  to  any  officer  in  his  ofificial 
capacity,  were  to  inure  to  the  use  of  those  to  whom 
they  were  given. 

Sections  six  to  eleven  inclusive,  contain  provisions 
for  the  election  of  officers  under  the  new  constitution, 


94  SCHEDULE. 

and  for  the  continuance  in  office  of  those  chosen  prior 
to  its  adoption.  Section  twelve  authorized  the  general 
assembly  to  divide  the  state  into  eleven  judicial  dis- 
tricts, for  district  court  purposes,  and  also  to  provide 
for  the  apportionment  of  members  of  the  genera) 
assembly  in  accordance  with  the  provisions  of  the  new 
constitution. 

Section  thirteen  prescribes  the  plan  to  be  pursued 
by  the  people  in  voting  for  or  against  the  adoption  of 
the  new  constitution.  The  last  clause  of  the  section 
is,  "And  if  it  shall  appear  that  a  majority  of  all  the 
votes  cast  at  such  election  for  and  against  this  consti- 
tution are  in  favor  of  the  same,  the  governor  shall 
immediately  issue  his  proclamation  stating  that  fact, 
and  such  constitution  shall  be  the  constitution  of  the 
state  of  Iowa,  and  shall  take  effect  from  and  after  the 
publication  of  said  proclamation," 

The  fourteenth  section  provides  for  submitting  to 
the  people  at  the  same  election  that  the  constitution 
is  submitted,  a  proposition  to  amend  the  same  by 
striking  out  the  word  "  white  "  from  the  article  on  the 
"  Right  of  Suffrage." 

The  election  was  held  August  3,  1857,  and  a 
majority  of  the  votes  cast  was  found  to  be  in  favor  of 
the  adoption  of  the  constitution.  The  vote  was,  40,31 1 
for,  and  38,681  against  it.  The  proposed  amendment 
was  defeated  at  this  time,  but,  as  stated  in  another 
place,  it  was  adopted  in  1868.  The  last  section  made 
the  county  of  Mills  a  part  of  the  sixth  judicial  district 
until  otherwise  directed  by  law. 


STATE. 

Thus  far  the  work  has  been  confined  to  the  civil 
government  of  Iowa  as  provided  for  in  the  constitution 
of  the  state.  We  shall  now  proceed  to  a  discussion  of 
the  government  as  it  now  exists  in  state,  county,  town 
and  township. 

The  duties  of  the  governor  and  lieutenant-gov- 
ernor have  already  been  referred  to  in  a  general  way. 
The  Code  of  Iowa  should  be  used  as  a  book  of  refer- 
ence in  the  preparation  of  work  on  this  subject  and  a 
full  account  of  the  duties  of  these  officers  will  be  found 
therein.     The  salary  of  the  governor  is  three  thousand 

dollars  per  year. 

STATE   AUDITOR. 

The  auditor  is  the  general  accountant  of  the  state 
and  to  him  is  entrusted  the  task  of  keeping  just 
accounts  of  all  money  belonging  to  the  state  as  well 
as  of  all  funds  disbursed.  He  superintends  the  fiscal 
affairs  of  the  state  and  furnishes  information  with  the 
proper  forms  to  enable  county  auditors  and  treasurers 
to  perform  the  duties  of  their  respective  offices.  He 
draws  warrants  on  the  treasury  for  all  appropriations 
authorized  by  law,  and  reports  to  the  governor  before 
each  regular  session  of  the  general  assembly,  the 
amount  of  all  revenue,  funds,  income,  and  taxable 
property  of  the  state,  together  with  the  expenditures 
for  all  purposes  since  his  last  report. 

—95— 


9^  STATE     DEPARTMENT. 

On  the  first  Monday  of  March  and  September  of 
each  year,  he  apportions  the  interest  on  the  permanent 
school  fund  among  the  counties  in  proportion  to  the 
number  of  persons  of  school  age  in  each.  The  office 
of  the  auditor  is  at  the  seat  of  government,  and  every- 
thing that  is  necessary  to  enable  him  to  discharge  the 
duties  devolving  upon  him  is  furnished  at  the  expense 
of  the  state.  His  bond  is  fixed  at  not  less  than  ten 
thousand  dollars.  His  salary  is  twenty-two  hundred 
dollars  per  year,  and  that  of  his  deputy,  fifteen  hundred. 

SECRETARY. 

This  officer  has  charge  of  all  the  records  of  the 
territorial  government  of  Iowa,  the  enrolled  copies  of 
the  constitutions,  old  and  new,  and  all  records  not 
kept  by  the  other  executive  officers.  All  commissions 
issued  by  the  governor  are  countersigned  by  him,  and 
a  record  of  them  is  kept  in  a  register  provided  for  that 
purpose.  He  is  also  required  to  make  a  biennial  report 
to  the  governor  of  the  condition  of  the  criminal  affairs 
as  reported  to  him  by  the  clerks  of  the  district  courts. 
Prior  to  the  first  Monday  in  January,  1883,  a  register 
of  the  land  office  had  charge  of  certain  matters  per- 
taining to  titles  of  land,  but  at  that  date,  the  office  of 
register  was  discontinued  and  the  duties  of  that  officer 
have  been  performed  by  the  secretary  of  state  since 
that  time.  His  bond  is  fixed  at  not  less  than  $5,000. 
Salary,  twenty-two  hundred  dollars  per  year, — deputy, 
twelve  hundred. 

STATE   TREASURER. 

The  treasurer  receives  all  moneys  belonging  to  the 
state  and  pays  all  warrants  drawn  upon  the  treasury  by 
the  auditor.     He  keeps  a  record  of  all  warrants  paid 


STATE     DEPARTMENT.  97 

by  him,  and  reports  to  the  auditor  once  a  week  the 
number  and  amount  of  all  warrants  paid  since  his  last 
report,  and  also  the  name  of  the  payee  in  each  case. 
A  report  of  the  affairs  of  his  office  must  be  made  to 
the  governor  as  soon  as  practicable  after  the  first  Mon- 
day of  November  in  each  odd-numbered  year.  His 
bond  is  fixed  at  not  less  than  three  hundred  thousand 
dollars.  His  salary  is  twenty-two  hundred,  and  that 
of  his  deputy,  fifteen   hundred  dollars  per  year. 

EXECUTIVE   COUNCIL. 

The  governor,  auditor,  secretary  and  treasurer  of 
state,  compose  the  executive  council.  Any  three  of 
these  officers  constitute  a  quorum  for  the  transaction 
of  business.  The  duties  of  this  body  are  numerous 
and  important,  for  to  it  is  given  the  general  manage- 
ment of  the  property  of  the  state.  The  executive 
council  acts  as  a  board  to  audit  accounts  of  supplies 
furnished  the  different  state  officers,  and  provides 
paper  for  the  public  printing  as  well  as  stationery  for 
the  general  assembly,  the  public  offices,  and  the 
supreme  court.  All  warrants  drawn  by  this  board  are 
paid  out  of  the  public  treasury,  but  all  moneys  so 
drawn  must  be  reported  to  the  next  general  assembly. 
The  officers  that  compose  this  council  receive  five  hun- 
dred dollars  each  for  their  services  in  addition  to  their 
salaries. 

SUPERINTENDENT   OF   PUBLIC   INSTRUCTION. 

To  this  officer  is  entrusted  the  general  supervision 
of  all  the  county  superintendents  and  all  the  common 
schools  of  the  state.  He  meets  the  county  superin- 
tendents in  convention  for  the  purpose  of  giving  expla- 
nation and  instruction  that  will  lead  to  uniformity  in 


98  STATE     DEPARTMENT. 

the  school  work  of  the  different  counties.  He  renders 
a  written  opinion  to  any  school  officer  asking  it,  con- 
cerning any  portion  of  the  school  law,  and  also  decides 
all  appeals  from  the  decisions  of  county  superintend- 
ents. At  the  end  of  every  fourth  year,  he  may  have 
a  sufficient  number  of  the  school  laws  and  decisions 
printed  to  supply  each  district  in  the  state  with  at  least 
one  copy,  bound  in  cloth. 

His  report  to  the  general  assembly  at  each  regular 
session  embraces  the  number  of  teachers,  schools,  and 
school-houses,  the  condition  of  the  public  schools,  and 
such  other  information  as  has  been  reported  to  him  by 
the  county  superintendents.  One  thousand  copies  of 
this  report  are  printed  and  presented  to  the  general 
assembly  on  the  second  day  of  its  session.  It  is  also 
his  duty  to  appoint  a  normal  institute  in  each  county, 
annually,  upon  the  assurance  of  the  county  superin- 
tendent that  at  least  twenty  teachers  desire  to  attend 
such  a  meeting. 

He  is  provided  with  an  office  at  the  seat  of  gov- 
ernment, in  which  he  keeps  all  the  records,  reports, 
and  other  public  documents  belonging  to  his  office. 
His  bond  is  not  less  than  two  thousand  dollars.  His 
compensation  is  twenty-two  hundred  per  annum,  and 
that  of  his  deputy,  fifteen  hundred. 

ATTORNEY   GENERAL. 

The  attorney  general  is  a  lawyer  who  acts  as  coun- 
sel for  the  general  assembly  and  state  officers,  and 
appears  for  the  state  in  all  cases,  civil  or  criminal,  in 
which  the  state  is  a  party,  when  requested  to  do  so  by 
the  governor,  executive  council,  or  general  assembly. 
He  appears  as  prosecuting  attorney  for  the  state  in  all 


STATE     DEPARTMENT.  99 

criminal  cases  tried  by  the  supreme  court  upon  appeal 
from  the  county  court.  At  the  request  of  any  state 
officer  or  district  attorney,  it  is  his  duty  to  give  his  opin- 
ion in  writing  upon  any  question  of  law  that  may  be 
submitted  to  him. 

He  reports  to  the  general  assembly  such  informa- 
tion concerning  the  business  of  his  office  as  may  be 
required  by  that  body.  His  salary  is  fixed  at  fifteen 
hundred  dollars  per  year,  and,  in  addition  to  this,  he 
receives  five  dollars  per  day  for  attending  all  sessions 
of  the  supreme  court.  He  is  also  entitled  to  certain  fees 
for  services  rendered  in  accordance  with  the  provisions  of 
chapters  on  insurance  in  the  Code  of  Iowa. 

ADJUTANT   GENERAL. 

The  adjutant-general  is  an  officer  appointed  by 
the  governor  to  act  as  inspector  and  paymaster-general 
of  the  militia.  His  rank  is  major-general.  On  or 
before  the  first  Monday  in  January  of  the  year  follow- 
ing the  one  in  which  the  census  of  the  state  is  taken, 
he  reports  to  the  adjutant-general  of  the  United 
States,  the  whole  number  of  persons  in  the  state  sub- 
ject to  military  duty.  He  issues  all  orders  of  the  gov- 
ernor relating  to  military  law,  and  causes  them  to  be 
published  from  time  to  time  as  it  becomes  necessary. 
He  keeps  a  roll  of  all  commissioned  officers  of  the 
militia,  with  their  residence,  and  rank,  and  such  other 
information  as  may  be  necessary  concerning  them. 
His  salary  is  fifteen  hundred  dollars  per  annum. 

STATE   PRINTER. 

The  state  printer  is  elected  by  joint  ballot  of  the 
general  assembly,   and   holds  his  office  for  two  years 


lOO  STATE     DEPARTMENT. 

from  the  first  day  of  May  in  the  year  following  his 
election.  His  office  is  at  the  seat  of  government,  and 
it  is  his  duty  to  print  the  journals  of  both  houses  of 
the  general  assembly,  and  the  laws  enacted  by  that 
body,  as  well  as  all  forms,  blanks,  and  other  incidental 
matter  required  by  the  different  state  officers.  His 
work  must  be  promptly  done  in  a  workmanlike  manner, 
and  for  it  he  receives  compensation  fixed  by  law,  the 
amount  of  which  depends  upon  the  work  done.  His 
bond  is  not  less  than  five  thousand  dollars,  and  must 
be  signed  by  at  least  three  sureties. 

STATE  BINDER. 
This  officer  is  elected  in  the  same  manner  as  the 
state  printer,  and  enters  upon  the  discharge  of  his 
duties  at  the  same  time.  His  duty  is  to  bind  the  laws, 
journals,  and  such  incidental  printed  matter  as  may  be 
required  for  the  use  of  the  state.  The  work  must  be 
done  in  a  neat  and  workmanlike  manner,  and  to  secure 
this,  he  is  required  to  furnish  a  bond  of  not  less  than 
two  thousand  dollars.  His  salary  depends  upon  the 
amount  of  work  done,  the  prices  of  the  different  kinds 
of  work  being  fixed  by  law. 

RAILROAD  COMMISSIONERS. 
In  1878,  an  act  was  passed  by  the  general  assem- 
bly, authorizing  the  governor  to  appoint  three  railroad 
commissioners,  to  serve  for  the  term  of  one,  two,  and 
three  years  respectively,  from  the  first  day  of  April  in 
that  year.  The  governor  appoints  one  commissioner 
annually,  whose  term  of  office  commences  April  i,  of 
the  year  in  which  he  is  appointed,  and  continues  three 
years.  All  appointments  of  this  kind,  however,  must 
be  sanctioned  by  the  executive  council.     At  least  one 


STATE     DEPARTMENT.  lOI 

of  the  members  of  this  board  must  be  a  civil  engineer, 
and  no  person  having  a  pecuniary  interest  in  any  rail- 
road is  eligible  to  the  office  of  railroad  commissioner. 

These  commissioners  have  the  general  supervision 
of  all  railroads  operated  by  steam  in  the  state,  and  it 
is  their  duty  to  see  that  the  laws  governing  railroad 
companies  and  employes  are  strictly  complied  with. 
The  books  of  any  railroad  company,  at  any  station  or 
office,  are  open  to  inspection  by  this  board,  and  any 
officer  or  agent  may  be  examined  under  oath. 

On  or  before  the  first  day  of  December  of  each 
year  they  report  to  the  governor  the  work  done  by 
them  during  the  past  year,  and  make  such  recommen- 
dations in  relation  to  their  duties  as  they  may  think 
necessary. 


Each  commissioner  receives  an  annual  salary  of 
three  thousand  dollars,  and  the  clerk,  fifteen  hundred. 
To  secure  the  faithful  performance  of  his  duties,  each 
commissioner  is  obliged  to  give  bonds  to  the  amount 
of  ten  thousand  dollars.  Members  of  the  board  and 
the  clerk  are  sworn  to  perform  the  duties  devolving 
upon  them  to  the  best  of  their  ability. 

STATE    LIBRARIAN. 

This  officer,  appointed  by  the  governor,  has  charge 
of  the  state  library,  and  is  required  to  give  personal 
attention  to  the  duties  of  his  office  during  the  time 
the  library  is  kept  open.  Certain  other  duties  are 
assigned  him  by  law,  among  which  is  that  of  preparing 
a  complete  alphabetical  catalogue  of  all  books  belong- 
ing  to    the   library.     He  reports  to  the  governor  at 


I02  STATE     DEPARTMENT. 

stated  times,  the  number  and  title  of  all  books  in  th. 
library,  the  amount  of  all  fines  and  forfeitures  received, 
and  such  other  information  as  may  be  required. 

His  bond  is  fixed  at  five  thousand  dollars,  and  his 
salary  at  twelve  hundred  dollars  a  yea.T.  He  may  ap- 
poiut  a  first  assistant  at  a  salary  of  six  hundred  dollars. 
a  second  assistant  at  five  hundred  dollars  and  a  messen- 
ger at  three  hundred  dollars  a  year. 


OTHER   OFFICERS. 


For  information  concerning  other  state  ofiicers  and 
several  important  societies  authorized  by  law,  see  appen- 
dix, pages  1 5 1- 156. 


QUALIFICATION. 

No  civil  officer  can  enter  upon  the  discharge  of 
his  duties  until  he  has  qualified  according  to  law.  The 
governor  and  lieutenant-governor  are  required  to  take 
the  official  oath  in  the  presence  of  the  general  assem- 
bly in  joint  convention.  The  oath  is  administered  to 
them  by  a  judge  of  the  supreme  court.  Members  of 
the  general  assembly  qualify  by  taking  the  oath  pre- 
scribed for  them  in  the  third  article  of  the  constitu- 
tion. 

In  addition  to  the  obligation  to  support  the  con- 
stitution of  the  United  States  and  that  of  the  state  of 
Iowa,  judges  of  the  supreme  and  district  courts 
must  subscribe  to  an  oath  in  writing,  that  they  will 
administer  justice  to  rich  and  poor  alike,  without  fear, 


STATE     DEPARTMENT.  IO3 

favor,  affection,  or  hope  of  reward.  The  officers  above 
mentioned,  together  with  county  supervisors  and  town- 
ship trustees,  are  not  required  to  give  bonds. 

All  other  civil  officers  are  required  to  give  sureties 
in  double  the  amount  to  be  secured.  For  example,  if 
the  bond  is  fixed  at  one  thousand  dollars,  the  signers 
must  have  property  valued  at  two  thousand  dollars 
above  all  indebtedness.  The  amount  of  the  bond 
required  differs  according  to  the  responsibility  of  the 
office  and  the  amount  of  money  to  be  handled.  The 
bond  of  the  state  treasurer  cannot  be  less  than  three 
hundred  thousand  dollars,  and  is  the  heaviest  one 
required.  Bonds  of  state  officers  are  fixed  by  law  and 
approved  by  the  governor,  those  of  the  county  officers 
by  the  county  supervisors. 

The  township  clerk  approves  the  bonds  of  all 
township  officers  except  his  own  and  those  of  justices 
of  the  peace  and  constables.  All  officers  are  required 
to  qualify  before  a  stated  time,  usually  the  first  Monday 
of  January  following  their  election,  and  a  refusal  to 
qualify  within  the  time  prescribed  is  considered  a  refusal 
to  serve. 

Chapter  175,  Laws  of  the  Nineteenth  General 
Assembly,  requires  a  number  of  the  state  officers  and 
trustees  of  the  various  state  institutions,  except  the 
Agricultural  College,  to  report  to  the  governor,  on  or 
before  the  fifteenth  day  of  August,  in  each  odd-num- 
bered year,  the  condition  of  their  respective  offices 
and    of    the    institutions    under    their    control. 


COURTS. 


The  constitution  provides  for  the  establishment  of 
the  supreme  and  district  courts,  and  such  others  as 
may  be  authorized  by  law.  The  principal  courts  besides 
those  already  mentioned,  are  the  police  and  justice 
courts,  the  circuit  court  having  been  abolished  by 
statutory  enactment. 

SUPREME    COURT. 

The  meetings  of  the  supreme  court  are  all  held  at 
the  seat  of  government.  There  are  four  terms  held 
each  year,  the  first  commencing  on  the  first  Tuesday 
of  March,  the  second  on  the  first  Tuesday  of  June, 
the  third  on  the  first  Tuesday  of  October,  and  the 
fourth  on  the  first  Tuesday  of  December.  Two  terms 
a  year  were  held  formerly,  at  Davenport,  Dubuque, 
and  Council  Bluffs,  as  well  as  at  Des  Moines. 

DISTRICT   COURT. 

The  district  court  now  has  general  original  juris- 
diction in  all  cases,  or  suits  at  law,  both  civil  and 
criminal,  except  where  exclusive  or  concurrent  juris- 
diction is,  or  may  be,  given  to  some  other  court 
authorized  by  the  constitution  and  laws  of  the  state. 
Prior  to  January  1st,  1887,  the  circuit  court  had  con- 
current jurisdiction  with  the  district  court  in  all  civil 
actions  and  special  proceedings,  and  exclusive  jurisdic- 
tion in  the  probate  of  wills,  and  the  appointment  of 
executors,  administrators,  guardians,  and  trustees,  to 
settle  the  estates  of   persons  deceased.      The  district 

court  had  original  jurisdiction  in  criminal  matters,  and 

— 104 — 


COURTS    OK    IOWA.  IO5 

served  as  a  court  of  appeal  in  criminal  proceedings 
from  justice  and  police  courts.  At  the  last  session  of 
the  legislature,  the  circuit  court  was  abolished,  and  the 
business  formerly  transacted  by  it  will  hereafter  be 
done  by  the  judges  and  clerks  of  the  district  court. 

In  addition  to  the  regulur  judicial  business,  the 
district  court  has  the  general  supervision  of  all  inferior 
courts  and  officers,  for  the  protection  and  correction  of 
abuses  in  case  no  other  remedy  is  provided  by  law. 
It  also  has  exclusive  jurisdiction  over  all  indictments 
presented  by  the  grand  jury. 

An  indictment  is  a  written  accusation  presented 
to  the  court  in  which  the  grand  jury  is  impaneled, 
charging  the  person  named  therein  with  the  violation 
of  the  criminal  law,  or  with  the  commission  of  some 
act  which  is  punishable  on  indictment.  Such  an  accu- 
sation can  be  made  only  upon  the  sworn  statement  of 
witnesses  examined  by  the  grand  jury,  or  by  evidence 
furnished  by  certain  legal  documents  as  provided  by  law. 

All  qualified  electors  of  the  state,  of  good  moral 
character,  sound  judgment,  and  in  full  possession  of 
the  senses  of  hearing  and  seeing,  are  competent  jurors 
in  their  respective  counties.  There  are  certain  excep- 
tions, however.  All  persons  holding  office  under  the 
laws  of  the  United  States,  or  of  this  state,  all  practic- 
ing attorneys,  physicians,  and  clergymen,  all  practicing 
professors  or  teachers  in  any  institution  of  learning, 
and  all  persons  disabled  by  bodily  infirmity,  or  over 
sixty-five  years  of  age,  are  exempt  from  liability  to 
act  as  jurors.  Any  person  summoned  to  act  as  a  juror 
may  be  excused  from  serving  for  good  cause  shown. 

At  the  last  session  of  the  legislature  is  was  enact- 
ed, that  after  January  ist,  1887,  the  grand  jury  shall 
consist  of  five  persons  in  counties  having  a  population 


I06  COURTS    OF    IOWA. 

of  sixteen  thousand,  or  less,  and  of  seven  persons,  in 
all  other  counties.  It  further  provided,  that,  when  the 
grand  jury  consists  of  five  persons,  eight  shall  be 
chosen,  and  when  composed  of  seven  members,  twelve 
shall  be  chosen.  No  person  shall  serve  as  grand  juror 
for  two  consecutive  years. 

In  counties  having  a  population  of  fifteen  thou- 
sand, or  les%  the  number  of  petit  jurors  is  fifteen, 
unless  the  judge  otherwise  directs.  In  counties  having 
a  greater  population,  the  number  of  petit  jurors  is 
twenty-four.      A  trial  jury  consists  of  twelve  members.^ 

The  manner  of  selecting  grand  and  petit  jurors  is 
substantially  the  same.  A  list  of  the  names  of  sev- 
enty-five persons  is  made  in  each  county,  each  year, 
and  is  called  the  grand  jury  list.  The  petit  jury  list 
comprises  one  hundred  and  fifty  names,  and,  in  coun- 
ties having  more  than  twenty  thousand  inhabitants, 
two  hundred  and  fifty  names.  The  manner  of  prepar- 
ing the  lists  is  given  below: 

On  or  before  the  first  Monday  in  September  of  each 
year,  the  county  auditor  apportions  the  number  of 
grand  and  petit  jurors,  to  be  selected  from  each  voting 
precinct,  in  proportion  to  the  number  of  votes  cast  at 
the  last  general  election.  A  statement  of  this  appor- 
tionment is  given  to  the  sheriff  of  the  county,  and  he 
causes  a  written  notice  to  be  delivered  to  one  of  the 
judges  of  election  in  each  voting  precinct,  on  ©r  before 
the  day  of  election.  The  judges  of  election  then  make 
a  list  of  names  of  the  number  required,  and  forward  it 
to  the  county  auditor,  with  the  returns  of  the  election. 
Grand  jurors  serve  for  one  year,  and  petit  jurors  during 
one  term  of  court  in  each  year,  usually. 

At  least  twenty  days  prior  to  the  first  day  of  any 
term  of  court  at  which  a  jury  is  to  be  selected,  the 


COURTS    OF    IOWA.  IO7 

auditor  writes,  upon  separate  ballots,  the  names  on  the 
lists  of  all  those  who  have  not  served  as  jurors  during 
that  year.  The  clerk  of  the  court  and  the  sheriff  then 
place  these  ballots  in  a  box  and  mix  them  thoroughly. 
The  clerk  then  draws  from  the  box  the  requisite  num- 
ber of  ballots,  and,  within  three  days  thereafter,  issues 
an  order  to  the  sheriff  commanding  him.  to  summon 
the  persons  chosen,  to  serve  as  jurors  at  the  next  term 
of  court. 

This  order  must  be  obeyed  by  the  sheriff  imme- 
diately, and  his  returns  made  before  the  day  for  the 
appearance  of  the  jurors.  At  the  close  of  each  term 
of  court,  the  clerk  issues  a  certificate  to  each  juror, 
showing  the  amount  to  which  he  is  entitled  for  his 
services,  and  the  auditor,  upon  the  receipt  of  this  cer- 
tificate, is  authorized  to  issue  a  warrant  upon  the 
county  treasurer,  without  waiting  for  the  board  of 
supervisors  to  audit  the  claim. 


JUDICIAL  DISTRICTS. 


For  judicial  purposes,  the  state  is  divided  into 
eighteen  districts,  as  follows: 

First  district. — The  counties  of  Lee  and  Des 
Moines. 

Second  district. — The  counties  of  Lucas,  Monroe, 
Wapello,  Jefferson,  Henry,  Davis,  Van  Buren  and 
Appanoose. 

Third  district. — The  counties  of  Wayne,  Decatur, 
Clarke,  Union,  Ringgold,  Taylor  and  Adams. 

Fourth  district. —  The  counties  of  Cherokee, 
O'Brien,  Osceola,  Lyon,  Sioux,  Plymouth,  Woodbury, 
Harrison  and  Monona. 

Fifth  district. — The  counties  of  Dallas,  Guthrie, 
Adair,  Madison,  Warren  and  Marion. 

Sixth  district. — The  counties  of  Jasper,  Powe- 
shiek, Mahaska,  Keokuk,  Louisa  and  Washington. 

Seventh  district. — The  counties  of  Muscatine, 
Scott,  Clinton  and  Jackson. 

Eighth  district — The  counties  of  Johnson  and  Iowa. 

Ninth  district. — The  county  of  Polk. 

Tejith  district. — The  counties  of  Dubuque,  Dela- 
ware, Buchanan,  Black  Hawk  and  Grundy. 

Eleventh  district. — The  counties  of  Marshall, 
Story,  Boone,  Webster,  Hamilton,  Hardin,  Franklin 
and  Wright, 


JUDICIAL   DISTRICTS  IO9 

Tzvelfth  district. — The  counties  of  Bremer,  But- 
ler, Floyd,  Mitchell,  Worth,  Cerro  Gordo,  Hancock 
and  Winnebago. 

Thirteenth  district. — The  counties  of  Clayton, 
Allamakee,  Fayette,  Winneshiek,  Howard  and  Chick- 
asaw. 

Fourteenth  district. — The  counties  of  Buena  Vis- 
ta, Clay,  Palo  Alto,  Kossuth,  Emmet,  Dickinson, 
Humboldt  and  Pocahontas. 

FifteentJi  distrct. — The  counties  of  Pottawattamie, 
Cass,  Shelby,  Audubon,  Montgomery,  Mills,  Page 
and  Fremont. 

Sixteenth  district  — The  counties  of  Ida,  Sac, 
Calhoun,  Crawford,  Carroll  and  Green. 

Seventeenth  district, — The  counties  of  Tama  and 
Benton. 

Eighteenth  distriet. — The  counties  of  Linn,  Jones 
and  Cedar. 


no  COURTS   OF   IOWA. 

JUDGES    OF   DISTRICT   COURTS. 

All  of  the  judges  of  the  district  court,  except  two, 
were  elected  in  November,  1886,  and  began  the  dis- 
charge of  their  duties  January  ist,  1887.  The  except- 
ion were  the  district  judges  in  the  old  twelfth  and 
thirteenth  districts,  who  were  elected  in  1884  for  four 
years,  and  they  are  allowed  to  serve  during  the  term 
for  which  they  were  chosen.  The  term  of  office  of 
district  judges  is  four  years,  and  their  salary  twenty- 
five  hundred  dollars  per  year. 

COUNTY   ATTORNEY. 

By  an  amendment  to  the  constitution,  adopted  at 
the  general  election  in  1884,  the  office  of  district 
attorney  was  abolished,  and  that  of  county  attorney 
provided  for.  The  county  attorney  acts  as  the  legal 
adviser  of  the  officers  of  the  county  in  which  he  is 
chosen,  and  it  is  also  his  duty  to  appear  for  the  state 
in  the  prosecution  of  criminals,  and  to  represent  the 
county  in  the  supreme  court  when  the  county  is  a  party 
to  any  suit  in  that  court. 

The  bond  required  of  this  officer,  to  be  filed  with 
the  county  auditor,  is  not  less  than  five  thousand 
dollars.  The  salary,  which  is  fixed  by  the  board  of 
supervisors,  ranges  from  three  hundred  to  fifteen  hund- 
red dollars,  according  to  the  population  of  the  county. 
Fees  and  mileage  are  also  provided  for,  in  certain  cases. 
The  term  of  office  is  two  years,  commencing  on  the 
first  Monday  in  January  of  each  odd-numbered  year. 

The  testimony  given  by  witnesses  in  district  courts 
is  usually  recorded  by  short-hand  reporters,  who  are 
allowed  compensasion   not  to  exceed  six  dollars  per 


COURTS   or   IOWA.  Ill 

day  for  every  day  actually  spent  in  attendance  upon 
court.  They  are  also  allowed  six  cents  for  every  one 
hundred  words  used  in  making  transcripts  of  the  testi- 
mony taken  in  court. 

The  compensation  of  judges  and  county  attorneys 
cannot  be  ijicreased  during  the  time  for  which  they  were 
elected.  Jurors  are  allowed  two  dollars  per  day  for 
each  day's  service  in  attending  the  sessions  of  the 
district  court,  and  ten  cents  for  each  mile  traveled 
in  going  from  their  homes  to  the  place  of  trial. 


CONGRESSIOI^AL  DISTRICTS. 


It  has  been  found  necessary  to  district  the  5tate 
for  other  than  judicial  purposes.  By  the  provisions  of 
the  constitution  of  the  United  States,  senators  in  con- 
gress are  chosen  by  the  legislatures  of  the  different 
states,  from  the  states  at  large.  Each  state,  no  matter 
what  its  population  may  be,  can  have  only  two  sena- 
tors. Representatives  in  congress  are  apportioned 
among  the  several  states  according  to  the  population 
The  ratio  of  apportionment  now  is,  one  rep- 
resentative for  every  one  hundred  fifty-four  thousand, 
three  hundred  twenty-five  inhabitants  or  fraction  there- 
of more  more  than  one-half.  According  to  this  basis, 
Iowa  now  has  eleven  representatives  in  congress,  and 
the  state  is  divided  into  eleven  congressional  districts. 

First  district. — The  counties  of  Washington,  Lou- 
isa, Jefferson,  Henry,  Des  Moines,  Lee  and  Van  Buren. 

Second  district. — The  counties  of  Muscatine,  Scott, 
Clinton,  Jackson,  Johnson  and  Iowa. 

Third  district. — The  counties  of  Dubuque,  Dela- 
ware, Buchanan,  Black  Hawk,  Bremer,  Butler,  Frank- 
lin, Hardin  and  Wright. 

Fourth  district. — The  counties  of  Clayton,  Alla- 
makee, Fayettee,  Winneshiek,  Howard,  Chickasaw, 
Mitchell,  Floyd,  Worth  and  Cerro  Gordo. 

Fifth  district. — The  counties  of  Jones,  Linn, 
Benton,  Tama,  Marshall,  Grundy  and  Cedar. 


-112- 


CONGRESSIONAL   DISTRICTS.  II3 

Sixth  district. — The  counties  of  Davis,  Wapello, 
Keokuk,  Mahaska,  Poweshiek,  Monroe  and  Jasper. 

Seventh  district. —  The  counties  of  Story,  Dallas, 
Polk,  Madison,  Warren  and  Marion. 

Eighth  district. — The  counties  of  Adams,  Union, 
Clarke,  Lucas,  Appanoose,  Wayne,  Decatur,  Ringgold, 
Taylor,  Page  and  Fremont. 

Ninth  district. — The  counties  of  Harrison,  Shelby, 
Audubon,  Guthrie,  Pottawattamie,  Cass,  Adair,  Mills 
and  Montgomery. 

Tenth  district. — The  counties  of  Crawford,  Carroll, 
Greene,  Boone,  Calhoun,  Webster,  Hamilton,  Poca- 
hontas, Humboldt,  Palo  Alto,  Kassuth,  Hancock, 
Emmet  and  Winnebago. 

Elevefith  district. — The  counties  of  Lyon,  Osceola; 
Dickinson,  Sioux,  O'Brien,  Clay,  Plymouth,  Cherokee, 
Buena  Vista,  Woodbury,  Ida,  Sac  and  Monona. 

Representatives  to  congress  are  chosen  at  the 
general  election  in  each  even-numbered  year,  and  hold 
their  oflBce  for  two  years  from  the  4th  of  March 
following. 


8 


SENATORIAL  DISTRICTS. 


The  state  is  divided  into  fifty  senatorial  districts, 
and  each  district  is  entitled  to  one  senator.  The  ratio 
of  apportionment  is  one  senator  for  every  forty-six 
thousand  inhabitants,  or  fractional  part  of  that  num- 
ber more  than  one-half.  At  the  time  the  division  was 
made,  no  district  contained  forty-six  thousand  inhabi- 
tants, the  largest  district  being  Dubuque  county  with 
a  population  of  forty-two  thousand  nine  hundred  and 
ninety-seven.  These  are  the  districts  as  established 
by  the  Twenty-first  General  Asssembly. 

Lee  county  constitutes  the  first  district,  Jefferson 
and  Van  Buren  counties  constitute  the  second,  Appa- 
noose and  Davis  counties  the  third,  Wayne  and  Lucas 
the  fourth,  Ringgold,  Decatur  and  Union  the  fifth, 
Taylor  and  Adams  the  sixth.  Page  and  Fremont  the 
seventh,  Mills  and  Montgomery  the  eighth,  Des  Moines 
the  ninth,  Henry  and  Washington  the  tenth,  Warren 
and  Clarke  the  eleventh,  Poweshiek  and  Keokuk  the 
twelfth, Wapello  the  thirteenth,  Mahaska  the  fourteenth, 
Marion  and  Monroe  the  fifteenth,  Madison  and  Adair 
the  sixteenth,  Audubon,  Dallas  and  Guthrie  the  seven- 
teenth, Cass  and  Shelby  the  eighteenth,  Pottawattamie 
the  nineteenth,  Muscatine  and  Louisa  the  twentieth, 
Scott  the  twenty-first,  Clinton  the  twenty-second, 
Jackson  the  twenty- third,  Jones  and  Cedar  the  twenty- 

—  114— 


SENATORIAL   DISTRICTS.  II5 

fourth,  and  Johnson  and  Iowa  counties  constitute  the 
twenty-fiifth  district. 

Linn  county  constitutes  the  twenty-sixth  district, 
Webster  and  Calhoun  the  twenty-seventh,  Marshall  the 
twenty-eighth,  Jasper  the  twenty-ninth,  Polk  the 
thirtieth,  Story  and  Boone  the  thirty-first,  Woodbury 
the  thirty-second,  Buchanan  and  Delaware  the  thirty- 
third,  Harrison,  Monona  and  Crawford  the  thirty- 
fourth,  Dubuque  the  thirty-fifth,  Clayton  the  thirty- 
sixth,  Wright,  Hamilton  and  Hardin  the  thirty-seventh. 
Black  Hawk  and  Grundy  the  thirty-eighth,  Butler  and 
Bremer  the  thirty-ninth,  Allamakee  and  Fayette  the 
fortieth,  Mitchell,  Worth  and  Winnebago  the  forty-first, 
Winneshiek  and  Howard  the  forty-second,  Cerro  Gordo, 
Franklin  and  Hancock  the  forty-third,  Floyd  and 
Chickasaw  the  forty-fourth,  Tama  and  Benton  the 
forty-fifth,  Ida,  Cherokee  and  Plymouth  the  forty-sixth, 
Kossuth,  Emmet,  Dickinson,  Clay  and  Palo  Alto  the 
forty-seventh,  Carroll,  Sac  and  Greene  the  forty-eighth, 
O'Brien,  Osceola,  Lyon  and  Sioux  the  forty-ninth,  and 
Buena  Vista,  Pocahontas  and  Humboldt  counties  the 
fiftieth  district. 


REPRESENTATIVE  DISTRICTS. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 
That  one  representative  from  every  eighteen  thous- 
and five  hundred  inhabitants  is  hereby  constituted  the 
ratio  of  apportionment  and  that  each  representative  dis- 
trict shall  be  as  hereinafter  described. 

Lee  county  shall  be  the  first  district;  Van  Buren 
county  shall  be  the  second  district;  Davis  county,  the 
third  district;  Appanoose  county,  the  fourth;  Wayne 
county,  the  fifth;  Decatur  county,  the  sixth;  Ringgold 
county,  the  seventh;  Taylor  county,  the  eighth;  Page 
county,  the  ninth;  Fremont  county,  the  tenth;  Mills 
county,  the  eleventh;  Montgomery  county,  the  twelfth; 
Adams  county,  the  thirteenth;  Union  county,  the  four- 
teenth; Clarke  county,  the  fifteenth;  lyucas  county,  the 
sixteenth;  Monroe  county,  the  seventeenth;  Wapello 
county,  the  eighteenth;  Jefferson  county,  the  nineteenth; 
Henry  county,  the  twentieth;  Des  Moines  county,  the 
twenty-first;  Louisa  county,  the  twenty-second;  Wash- 
ington county,  the  twentj^-third;  Keokuk  county,  the 
twenty-fourth;  Mahaska  county,  the  twenty-fifth;  Marion 
county,  the  twenty-sixth;  Warren  county,  the  twenty- 
seventh;  Madison  county,-  the  28th;  Adair  county,  the 
twenty-ninth;  Cass  county,  the  thirtieth;  Pottawattamie 
county,  the  thirty-first;  Harrison  county,  the  thirty- 
second;  Shelby  county,  the  thirty-third;  Audubon 
county,  the  34th:  Guthrie  county,  the  thirty-fifth;  Dal- 
las county,  the  thirty-sixth;  Polk  county,  the  thirty- 
seventh;  Jasper  county,  the  thirty-eighth;  Poweshiek 
county,  the  39th;  Iowa  county,  the  fortieth;  Johnson 
county,    the   forty-first;    Muscatine   county,    the   forty- 


REPRESENTATIVE   DISTRICTS.  II7 

second;  Scott  county,  the  forty-third;  Cedar  county,  the 
forty-fourth;  Clinton  county,  the  forty-fifth;  Jackson 
county,  the  forty-sixth;  Jones  county,  the  forty-seventh: 
I,inn  county,  the  forty-eighth:  Benton  county,  the  forty- 
ninth;  Tama  county,  the  fiftieth;  Marshall  county,  the 
fifty-first;  Story  county,  the  fifty-second;  Boone  county, 
the  fifty-third;  Greene  county,  the  fifty-fourth;  Carroll 
county,  the  fifty-fifth;  Crawford  county,  the  fifty-sixth; 
Monona  county,  and  Ida  county,  the  fifty-seventh; 
Woodbury  county,  the  fifty  eighth;  Cherokee  county, 
the  fifty-ninth;  Sac  county,  the  sixtieth;  Calhoun  county, 
the  sixty-first;  Webster  county ,  the  sixty-second;  Hamil- 
ton county,  the  sixty-third.  Hardin  county,  the  sixty- 
fourth;  Grundy  county,  the  sixty-fifth;  Black  Hawk 
county  shall  be  the  sixty-sixth  district:  Buchanan  county, 
the  sixty-seventh;  Delaware  county,  the  68th;  Dubuque 
county,  the  sixty-ninth;  Clayton  county,  the  seventieth; 
Fayette  county,  the  seventy-first;  Bremer  county,  the 
seventy-second;  Butler  county,  the  seventy-third;  Frank- 
lin county,  the  74th;  Wright  county,  the  75th:  Hum- 
boldt county,  and  Pocahontas  county,  76th,  Buena  Vista 
county,  the  seventy-seventh;  Plymouth  county,  the 
seventy-eighth;  Sioux  county,  the  seventy-ninth;  Lyon 
county  and  O'Brien  county,  the  eightieth;  Osceola  county 
and  Clay  county,  the  eighty-first;  Dickinson  county  and 
Emmet  county  and  Palo  Alto  county,  the  eighty-second, 
Kossuth  county  and  Hancock  county,  the  83rd;  Cerro 
Gordo  county,  the  84th;  Floyd  county,  the  eighty-fifth; 
Chickasaw  county,  the  eighty-sixth;  Allamakee  county, 
the  eighty-seventh;  Winneshiek  county,  the  88th; 
Howard  county  shall  be  the  89th;  Mitchell  county,  the 
ninetieth;  and  Worth  county  and  Winnebago  county 
shall  be  the  ninety-first  district. 

Nine  of  the  counties,  Clinton,  DesMoines,  Dubuqu  , 
lyinn,  lyce.  Polk,  Pottawattamie,  Scott  and  Woodbury — 
have  each  a  population  greater  than  one  and  one-half 
times  the  ratio  of  representation,  and  are  each  entitled  to 
two  representatives. 


COUNTIES. 


A  table  of  the  counties  of  Iowa  will  be  found  as 
an  appendix  to  this  work.  In  most  cases,  the  bounda- 
ries of  the  counties  conform  to  the  range  and  township 
lines  which  were  established  by  the  government  survey. 
The  counties  along  the  eastern  and  western  boundaries 
of  the  state,  owing  to  the  irregular  course  of  the  rivers, 
vary  from  the  prevailing  rectangular  form.  In  each 
county,  the  people  have  selected  a  place,  usually  near 
the  center  of  the  county,  at  which  to  transact  busi- 
ness of  a  public  character.  The  offices  of  the  county 
are  usually  kept  at  this  place  in  rooms  in  the  court- 
house, a  building  fitted  up  for  this  purpose. 

OFFICERS. 

The  officers  are,  the  board  of  supervisors,  one  audi- 
tor, one  clerk  of  the  district  court,  one  sheriff,  one  treas- 
urer, one  recorder,  one  superintendent  of  schools,  one 
coroner,  and  one  surveyor.  The  auditor,  treasurer,  clerk 
and  sheriff  are  each  allowed  a  deputy  in  most  counties. 

These  officers  are  chosen  by  the  people  at  the  gen- 
eral election,  and  all  except  the  supervisors  hold  for 
two  years  only,  unless  re-elected.  The  clerk  of  the 
courts  and  recorder  are  elected  in  the  even-numbered 
years,  and  all  the   others  in  the  odd-numbered  years. 

—1 18— 


COUNTY    OFFICERS.  1^9 

After  1892,  the  county  auditor  will  be  elected  in  the  even 

numbered  years.     At  least  one  supervisor  is  chosen  every 

year.     The  principal  duties  of  each  officer  w^ill  now  be 

discussed.       For   the   special   powers   of  each   reference 

should  be  made  to  the  Code  of  Iowa  and   the   Session 

L,aws,  or  Acts  of  the  General  Assembly. 
BOARD   OF   SUPERVISORS. 

The  board  of  supervisors  consists  of  not  less  than 
three,  nor  more  than  seven,  members.  Their  term  of 
office  is  three  years.  The  only  qualification  required 
of  members  of  this  board  is,  that  they  be  legal  voters 
in  the  county  in  which  they  are  chosen,  but  no  two 
members  can  be  elected  from  the  same  township. 
Regular  meetings  of  the  board  are  held  on  the  first 
Mondays  of  January,  April,  June  and  September,  and 
the  first  Monday  after  each  general  election.  At  the 
first  meeting  in  each  year,  a  chairman  is  elected  from 
among  the  members,  whose  duty  it  is  to  preside  at  all 
meetings  of  the  board  during  that  year. 

If  any  supervisor  neglects  or  refuses  to  perform 
any  of  the  duties  devolving  upon  him  as  a  member  of 
the  board,  without  just  cause,  he  is  liable  to  a  fine  of 
one  hundred  dollars  for  each  offense.  This  board  has 
control  of  the  property  of  the  county,  the  court-house 
and  other  public  buildings,  and  the  care  of  the  poor. 
In  many  of  the  counties,  a  poor  house  and  farm  are 
supported  at  public  expense.  It  is  the  duty  of  this 
board  to  examine,  settle,  and  allow  all  just  claims 
against  the  county  unless  some  other  means  are  pro- 
vided by  law. 

The  supervisors  manage  and  control  the  school- 
fund,  change  the  boundary  line  of  townships  when  nec- 
essary, and  act  as  commissioners  of  highways.  They 
provide  for  the  building  of  all  bridges  which  cannot  be 


I20  COUNTY     OFFICERS. 

constructed  by  the  different  road  districts  for  lack  of 
funds. 

The  supervisors,  at  their  September  session,  levy 
the  following  taxes  upon  the  assessed  value  of  the  taxa- 
ble property  in  the  county.  For  state  purposes,  not  to 
exceed  two  mills  on  the  dollar.  For  ordinary  county 
revenue,  not  more  than  six  mills  and  a  poll-tax  of  fifty 
cents. 

The  support  of  schools,  not  less  than  one,  nor 
more  than  three  mills. 

For  making  and  repairing  bridges,  not  more  than 
three  mills  on  a  dollar. 

Certain  classes  of  property  are  exempt  from  taxa- 
tion, and  are  not  assessed.  The  property  of  the  United 
States  and  of  the  state  of  Iowa,  including  school  lands 
and  all  property  leased  to  the  state  ;  the  property  of 
counties,  townships,  cities,  incorporated  towns  and 
school  districts  when  used  exclusively  for  the  use  of 
the  public  and  not  held  for  pecuniary  profit ;  the  prop- 
erty of  literary,  scientific,  benevolent,  agricultural,  and 
religious  institutions  which  is  devoted  to  the  appro- 
priate uses  of  these  institutions  ;  the  estates  of  persons 
who  by  reason  of  age  or  infirmity  are  unable  to  con- 
tribute to  the  public  revenue  ;  farming  utensils  and  the 
tools  of  any  mechanic,  not  to  exceed  three  hundred 
dollars  in  either  case,  and  government  or  state  lands 
for  the  year  in  which  they  were  entered,  cannot  be 
taxed. 

Each  member  of  the  board  of  supervisors  receives 
four  dollars  for  each  day  actually  in  session,  and  two 
dollars  and  fifty  cents  when  not  in  session  but  employed 
on  committee  service.  Mileage  is  allowed  for  going  to 
and  returning  from  each  session  of  the  board  and  for 


COUNTY    OFFICERS.  131 

attendance  on  committee  work.     The  rate  is  six  cents 
for  each  mile  traveled. 

COUNTY  AUDITOR. 
The  county  auditor  is  clerk  of  the  board  of  super- 
visors, and  it  his  duty  to  record  the  proceedings  of 
that  body  in  books  provided  for  that  purpose.  He 
signs  all  orders  issued  by  the  board  for  the  payment  of 
money,  and  acts  as  general  accountant  for  the  county. 
He  reports  to  the  secretary  of  state  the  name,  office, 
and  term  of  oflfice  of  each  county  ofificer,  within  ten 
days  after  his  election  and  qualification. 

The  auditor  prepares  and  furnishes  two  poll-books 
for  each  voting  precinct  in  the  county,  and  forwards 
an  abstract  of  the  votes  cast  at  each  election  to  the 
secretary  of  state.  The  bond  of  this  ofificer  is  fixed 
•  by  the  board  of  supervisors,  and  cannot  be  less  than 
five  thousand  dollars.  The  bonds  of  the  county  and 
township  officers  are  recorded  in  the  auditor's  office, 
his  own  excepted,  which  is  filed  with  the  county  treas- 
urer, and  those  of  justices  of  the  peace,  which  are  filed 
by  the  auditor  in  the  office  of  the  clerk  of  the  court. 
The  loaning  and  general  management  of  the  perma- 
nent school  fund  as  well  as  the  apportioning  of  the 
county  school  fund  and  interest  on  the  permanent  fund, 
is  left  with  the  county  auditor.  His  salary  is  fixed  by 
law,  and,  in  counties  having  less  than  twenty-five  thou- 
sand inhabitants,  it  is  twelve  hundred  dollars  per  annum. 
In  counties  having  a  greater  population,  the  board  of 
supervisors  may  allow  such  additional  compensation  as 
they  deem  just  and  proper. 

COUNTY   TREASURER. 
The  treasurer  receives  all  money  belonging  to  the 
county  and  pays  it  out  only  upon  warrants  drawn  and 


122  COUNTY     OFFICERS. 

Signed  by  the  county  auditor,  and  sealed  with  the 
county  seal.  He  keeps  a  record  of  all  moneys  received 
and  warrants  paid,  and  holds  the  same,  at  all  times, 
ready  for  the  inspection  of  the  board  of  supervisors. 
He  keeps  a  separate  account  of  the  several  taxes  for 
state,  county,  school,  and  highway  purposes,  charging 
himself  with  the  amount  of  the  tax,  and  crediting  him- 
self with  the  amounts  paid  out  and  also  with  the 
amount  of  delinquent  taxes  when  legally  authorized  to 
do  so.  The  Twentieth  General  Assembly  enacted  a 
new  tax  law,  by  the  provision  of  which  taxes  become 
due  on  the  first  Monday  in  January  following  the  time 
at  which  the  levy  was  made,  and  delinquent  on  the 
first  day  of  March  following;  but  no  interest  can  be 
charged  on  any  person's  tax  before  the  first  day  of 
October,  provided  one-half  of  such  tax  was  paid  prior 
to  the  first  day  of  April.  The  penalty  for  the  non- 
payment is  interest  at  the  rate  of  one  per  cent,  a 
month  if  not  paid  within  a  month  from  the  time  they 
become  delinquent. 

The  treasurer  makes  out  and  delivers  to  each 
tax-payer  a  receipt,  stating  the  time  of  payment,  the 
description  and  assessed  value  of  each  parcel  of  land, 
the  assesbcd  value  of  all  property  belonging  to  him, 
the  amount  of  each  kind  of  tax,  the  interest  on  each, 
and  the  cost,  if  any,  giving  a  separate  receipt  for  each 
year. 

On  the  first  Monday  in  December  of  each  year, 
the  county  treasurer  is  required  to  offer  at  public  sale 
at  his  ofifice,  all  lands,  town  lots,  or  other  real  property 
on  which  taxes  of  any  description  for  the  preceding 
year,  or  years,  are   due  and   unpaid,  such  sale  to  be 


COUNTY   OFFICERS.  123 

made  for  the  total  amount  of  such  dehnquent  unpaid 
taxes,  with  interest  and  legal  cost^  of  advertisement 
and  sale.  For  good  cause,  the  treasurer  may  adjourn 
the  sale  from  month  to  month.  Provision  is  made  by 
law  for  enabling  a  person  to  redeem  property  sold  for 
taxes,  within  a  specified  time. 

The  bond  of  the  treasurer  cannt  be  less  than  five 
thousand  dollars,  but  usually  it  is  much  more  than  that 
amount.  It  will  be  safe  to  say  that  the  average  amount 
of  bonds  required  of  county  treasurers  throughout  the 
state  is  fifty  thousand  dollars.  In  counties  having  less 
than  ten  thousand  inhabitants,  the  compensation  of 
this  officer  cannot  exceed  thirteen  hundred  dollars 
with  an  allowance  of  three  hundred  dollars  for  clerk 
hire  ;  in  counties  having  a  population  of  more  than  ten 
•and  less  than  thirty  thousand,  the  compensation  cannot 
exceed  fifteen  hundred  dollars,  with  six  hundred  dol- 
lars for  clerk  hire  ;  and  in  counties  having  a  population 
of  more  than  thirty  thousand,  the  supervisors  may 
allow  such  additional  compensation  as  they  may  con- 
sider necessary. 

CLERK   OF   DISTRICT   COURT. 

It  is  the  duty  of  this  officer  to  attend  all  sessions 
of  the  district  court  and  keep  its  records,  papers,  and 
seals.  He  keeps  a  book  known  as  the  record  book,  in 
which  are  recorded  the  proceedings  of  each  court;  a 
judgement  docket,  in  which  to  keep  an  abstract  of  all 
judgments,  with  the  necessary  information  pertaining 
thereto;  a  fee  book,  in  which  to  enter  in  detail  the 
costs  and  fees  in  each  proceeding;  an  incumbrance 
book,  in  which  the  sheriff  enters  a  statement  of  the 
levy  of  each  attachment  of  real  estate;  an  appearance 


124  COUNTY   OFFICERS. 

docket,  in  which  all  suits  are  entered  in  the  order  in 
which  they  are  begun ;  and  a  book  in  which  to  keep  a 
record  of  all  liens  filed  in  the  district  court. 

On  or  before  the  first  Monday  of  November  in  each 
year,  he  is  required  to  report  to  the  secretary  of  state, 
the  number  of  convictions  for  crimes  and  misdemean- 
ors in  the  district  court  for  the  preceding  year.  This 
report  shows  the  character  of  each  offense  and  the  sen- 
tence of  punishment,  the  occupation  of  the  person  con- 
victed, whether  he  can  read  and  write,  his  general 
habits,  and  also  the  entire  expenses  of  the  county  for 
criminal  prosecutions  during  the  year. 

It  is  the  duty  of  this  officer  to  issue  marriage 
licences  when  application  is  properly  made.  He  keeps 
a  register  which  contains  the  names  and  ages  of  the 
parties,  the  date  of  the  marriage,  and  the  name  and 
official  standing  of  the  party  by  whom  it  was  solem- 
nized. He  also  appoints  executors,  administrators, 
guardians,  and  appraisers  of  the  effects  of  persons 
deceased,  and  approves  the  bonds  which  they  are 
required  by  law  to  file  with  him  as  security  for  the 
faithful  discharge  of  their  duties.  In  fact,  this  officer 
now  has  the  settlement  of  all  matters  of  probate, 
subject  to  the  direction  and  approval  of  the  judge  of 
the  district  court. 

The  clerk  may  appoint  a  deputy  to  aid  him  in 
transacting  the  business  of  his  office,  but  neither  o^ 
these  officers  can,  during  the  time  of  his  official  incum- 
brance; hold  the  office  of  justice  of  the  peace,  or  ac. 
as  attorney  or  solicitoi  in  any  suit  at  law. 
His  bond  cannot  be  less  than  five  thousand  dollars,  and 
his  compensation  varies  according  to  the  population 
of  the  county  in  which  he  serves.     In  counties  having 


COUNTY     OFFICERS.  125 

less  than  ten  thousand  inhabitants,  the  salary  cannot 
exceed  eleven  hundred  dollars;  in  counties  having 
more  than  ten  thousand  but  less  than  twenty  thousand 
inhabitants,  thirteen  hundred  dollars  ;  where  the  popu- 
lation is  more  than  twenty  thousand  but  less  than 
tliirty  thousand,  fifteen  hundred ;  and  in  counties 
having  more  than  thirty  thousand  inhabitants,  the 
board  of  supervisors  may  allow  such  compensation  as 
they  deem  proper,  not  to  exceed  thirty-five  hundred 
dollars.  A  full  and  complete  account  of  all  fees  received 
must  be  reported  to  the  board  of  supervisors  at  each 
regular  session.  The  fees,  in  excess  of  the  salary, 
must  be  paid  into  the  county  treasury,  but  the  board 
of  supervisors  may  allow  an  amount,  not  to  exceed 
three  hundred  dollars,  as  additional  compensation  for 
performing  the  work  connected  with  matters  of  probate. 

SHERIFF. 

The  sheriff",  or  his  deputies,  executes  according  to 
law,  and  returns  all  writs  and  other  legal  processes  to 
him  directed.  He  has  charge  of  the  jail  of  his  county, 
and  the  custody  of  all  prisoners  committed  to  it.  The 
sheriff  and  his  deputies  are  conservators  of  the  peace, 
and,  when  necessary,  may  call  upon  any  person  to  aid 
them  in  the  discharge  of  their  duties.  They  are  for- 
bidden to  purchase,  directly  or  indirectly,  any  property 
exposed  by  them  for  sale  under  any  process  of  law. 

It  is  his  duty  to  give  at  least  ten  days'  notice  of 
each  general  election  by  a  proclamation  published  in 
some  newspaper  printed  in  his  county,  or  by  posting 
notices  of  it  in  at  least  five  public  places  in  the  county. 
The  same  rule  applies  to  all  special  election  ordered  by 
the  governor. 


126  COUNTY    OFFICERS. 

The  salary  of  the  sheriff  is  fixed  by  law  at  not  less 
than  two  hundred,  nor  more  than  four  hundred  dol- 
lars, but,  in  addition  to  this,  he  is  allowed  certain  fees 
for  serving  executions,  attachments,  and  other  papers, 
five  cents  for  each  mile  traveled  in  the  discharge  of 
his  duties,  and  a  percentage  for  collecting  and  paying 
over  money.  His  bond  cannot  be  less  than  five  thou- 
sand dollars. 

COUNTY   RECORDER 

This  officer  is  provided  with  an  office  at  the  county 
seat,  and  it  is  his  duty  to  record  at  length,  and  as 
speedily  as  possible,  all  deeds,  mortgages,  and  other 
papers  delivered  to  him  for  record,  in  the  manner  pre- 
scribed by  law.  He  keeps  separate  index  books  for 
deeds,  and  mortgages  of  real  estates,  and  personal 
property.  He  is  required  to  note  on  each  paper  deliv- 
ered to  him  for  record,  the  day  and  hour  that  it  was 
received.  The  records  of  his  office  show  the  names  of 
those  who  received  the  original  deeds  of  land  from  the 
government  for  the  county  in  which  he  serves.  They 
also  show  all  the  changes  in  ownership  from  the  origi- 
nal entry  down  to  the  present  time.  Usually  the 
recorder  keeps  a  set  of  abstracts  which  show  all 
changes  that  have  been  made  in  the  ownership  of  each 
piece  of  real  estate,  and  also  the  times  at  which  such 
changes  were  made.  Sometimes,  however,  the  abstracts 
are  kept  only  by  persons  who  make  the  transfer  of  real 
estate  a  specialty. 

The  compensation  of  the  recorder  consists  of  the 
following  fees : 

For  recording  each  instrument  of  four  hundred 


't> 


words,  fifty  cents ; 


COUNTY     OFFICERS.  1 27 

For  every  one  hundred  additional  words,  or  frac- 
tion thereof,  ten  cents. 

COUNTY   SUPERINTENDENT. 

To  this  officer  is  intrusted  the  oversight  and  gen- 
eral management  of  the  school  affairs  of  the  county  in 
which  he  is  chosen.  On  the  last  Saturday  of  each 
month,  and  at  such  other  times  as  may  be  necessary,  he 
meets  all  applicants  for  examination  as  to  their  compe- 
tency and  ability  to  teach  orthography,  reading,  writing, 
arithmetic,  geography,  grammar,  physiology,  and  his- 
tory of  the  United  States  and  didactics.  If 
the  examination  is  satisfactory  and  the  super- 
intendent believes  that  the  respective  applicants 
possess  a  good  moral  character,  and  the  essential  quali- 
fications for  governing  and  instructing  children  and 
youth,  he  issues  to  each  a  certificate  to  that  effect,  for 
a  term  not  exceeding  one  year.  Each  applicant  for  a 
certificate  is  required  to  pay  a  fee  of  one  dollar,  which 
is  deposited  with  the  county  treasurer  and  forms  a  part 
of  the  institute  fund. 

He  holds,  annually,  a  normal  institute  for  the 
benefit  of  teachers  and  those  desiring  to  teach,  and, 
with  the  consent  of  the  superintendent  of  public 
instruction,  he  procures  such  assistance  as  may  be  nec- 
essary in  conducting  the  work.  Every  person  who 
enrolls  as  a  member  of  the  institute  is  required  to  pay 
a  registration  fee  of  one  dollar.  The  examination  and 
registration  fees,  with  fifty  dollars  state  aid,  and  such 
allowances  as  the  board  of  supervisors  may  make, con- 
stitute the  institute  fund,  which  is  devoted  exclusively 
to  paying  the  expenses  of  the  institute.  Appeals  from 
the  decisions  of  school  boards  are  heard  by  the  super- 
intendent, if  properly  made  within  thirty  days  from 
the  time  the  decision  was  rendered. 


128  COUNTY     OFFICERS. 

On  the  first  Tuesday  of  October  in  each  year,  he 
is  required  to  make  a  report  to  the  superintendent  of 
public  instruction,  which  contains  a  full  abstract  of  the 
reports  made  to  him  by  the  district  secretaries,  and 
such  other  matters  as  maybe  required  by  law.  At  the 
same  time,  he  is  required  to  file  with  the  county  audi- 
tor a  statement  of  the  number  of  persons  between  the 
ages  of  five  and  twenty-one  years  in  each  school  dis- 
trict in  his  county.  He  reports  to  the  superintendents 
of  the  different  schools  for  the  unfortunate,  the  name, 
age,  residence,  and  postoffice  address  of  each  person 
of  school  age  in  his  county  for  whom  these  special 
schools  were  instituted. 

The  county  superintendent  receives  four  dollars 
for  each  day  necessarily  engaged  in  the  discharge  of 
his  official  duties,  and  the  supervisors  may  allow  such 
additional  compensation  as  they  deem  proper.  His 
bond  is  fixed  by  the  board  of  supervisors,  at  one  thou- 
sand dollars  usually. 

COUNTY   SURVEYOR. 

Before  discussing  the  duties  of  this  officer,  it  will 
be  well  to  consider  briefly  the  main  features  of  the 
rectangular  surveys  authorized  by  the  government  of 
the  United  States,  and  applied  to  nearly  all  of  the 
central  and  western  states.  By  comparing  the  county 
map  of  Iowa  with  that  of  Tennessee,  or  any  of  the 
eastern  states,  it  will  be  seen  that  while  the  counties 
of  the  former  state  present  a  regular  appearance,  those  * 
of  the  latter  are  quite  irregular,  showing  an  entire 
want  of  system  in  their  survey. 

It  is  important  that  the  rectangular  system  of  sur- 
veys be   understood,   inasmuch  as  all  descriptions  of 


COUNTY    OFFICERS.  "  I29 

land  given  In  deeds,  leases,  tax-receipts,  etc.,  are  based 
upon  it.  The  first  deeds  to  land  in  Iowa  were  given 
in  the  name  of  the  United  States,  and  the  chain  of 
title  to  any  piece  of  land  in  the  state  can  be  traced 
back  to  these  deeds,  and  no  farther.  For  convenience 
of  ownership  and  transfer,  this  system  of  surveys  pro- 
vides for  the  division  of  the  land  into  small  squares  of 
uniform  size. 

Before  commencing  the  survey  proper,  it  was  nec- 
essary to  establish  two  main  lines,  one  extending  north 
and  south,  the  other,  east  and  west.  These  lines  were 
simply  arbitrary,  and  new  ones  were  adopted  from  time 
to  time  whenever  the  accuracy  of  the  surveys  required. 
The  lines  extending  north  and  south  are  ca.\\ed  J>rmct- 
pal  meridians,  those  extending  east  and  west,  baselines. 
The  principal  meridians  are  numbered  westward,  and 
a  separate  base  line  is  established  for  each. 

The  fifth  principal  meridian  forms  the  basis  of  the 
survey  in  Iowa.  It  extends  due  north  from  the  mouth 
of  the  Arkansas  river,  and  crosses  Missouri  and  the 
eastern  part  of  Iowa,  leaving  the  latter  state  at  a  point 
between  Clayton  and  Dubuque  counties.  The  base 
line  extends  due  west  from  the  mouth  of  the  St. 
Francis  river  and  crosses  the  meridian  forty-eight 
miles  north  of  its  starting  point.  By  running  lines  six 
miles  apart  parallel  with  the  base  line,  and  others  the 
same  distance  apart*  parallel  with  the  principal  merid- 
jian,  the  lands  lying  north  and  west  of  the  point  where 
the  main  lines  intersect,  is  divided  into  blocks  six  miles 
square.  Each  one  of  these  blocks  is  called  a  congres- 
sional township.     Congressional  townships  were  autho- 

♦  Note. — The  lines  running  north  are  not  exactly  parallel  owing  to  the  curva* 
lure  of  the  eartli's  surface.     See  paragraph  on  correction  line. 


130  .  COUNTY     OFFICERS. 

rized  by  act  of  congress,  but  the  name  also  aids  in 
distinguishing  them  from  civil  townships  established 
by  the  people  of  each  county,  and  whose  boundaries 
may,  or  may  not,  correspond  with  those  of  congres- 
sional townships.  Civil  townships  are  designated  by 
names  given  them,  usually,  by  the  early  settlers,  but 
numbers  are  always  used  in  referring  to  congressional 
townships. 

Two  sets  of  numbers  are  used,  one  designates  the 
townships  north  of  the  base  line,  the  other,  the  town- 
ships west  of  the  fifth  principal  meridian.  For  con- 
venience,  the  tiers  of  townships  east  or  west  of  the 
meridian  are  called  ranges.  Land  lying  in  the  south- 
east corner  square  is  in  township  one  north,  range  one 
west.  Every  square  west  of  the  one  mentioned  is 
township  one  north,  and  every  square  north  of  it  is 
range  one  west.  The  townships  are  numbered  north- 
ward from  the  base  line,  and  the  ranges  eastward  or 
westward  from  the  meridian.  The  civil  township  of 
Wayne  in  the  northeastern  part  of  Mitchell  County, 
is  township  one  hundred  north,  range  fifteen  west. 
The  pupil  should  become  so  familiar  with  this  system 
of  surveys  that  he  can  locate,  by  numbers,  any  land  in 
the  county  in  which  he  lives,  at  least. 

Owing  to  the  convergence  of  meridians  in  passing 
northward,  it  has  been  found  necessary  to  establish 
secondary  lines  parallel  with  the  base  line.  These  are 
called  correctio7i  lines,  and  there  are  four  of  them  in 
Iowa,  the  northern  and  southern  boundaries  of  the  ^ 
state,  and  the  northern  boundaries  of  the  seventy- 
eighth  and  eighty-eighth  tiers  of  townships.  Each 
congressional  township  is  divided  into  thirty-six  equal 
squares  called  sections.    Each  section  contains  six  hun- 


COUNTY    OFFICERS.  I3I 

dred  and  forty  acres,  and  is  divided  into  halves,  quar- 
ters, eighths,  sixteenths,  and  even  smaller  parts. 

We  will  now  proceed  to  consider  the  duties  of  the 
county  surveyor.  He  makes  all  surveys  of  land  within 
his  county,  which  may  be  required  of  him,  and  his  sur- 
veys are  considered  to  be  correct.  He  is  required  to 
establish  the  corners  of  the  sections  or  other  divisions, 
by  the  aid  of  trees,  or  by  fixing  stones  firmly  in  the 
earth,  or  by  mounds. 

When  requested  to  do  so,  he  must  furnish  the 
person  for  whom  any  survey  is  made,  a  copy  of  the 
field-notes  and  plat  of  the  survey.  The  record  and 
plat  must  show  distinctly  of  what  piece  of  land  it  is  a 
survey,  at  whose  request  it  was  made,  the  names  of  the 
chainmen,  and  the  date  of  the  survey.  The  chainmen 
are  the  persons  who  make  the  measurements  by  the 
aid  of  the  surveyor's  chain.  They  must  be  disinter- 
ested persons,  approved  by  the  surveyor,  and  sworn  by 
him  to  make  just  and  impartial  measurements  to  the 
best  of  their  ability. 

The  county  surveyor  receives  the  following  fees  : 

For  each  day's  service  actually  performed  in  trav- 
eling to  and  returning  from  the  place  where  any  sur- 
vey is  to  be  made,  and  for  making  the  survey  and  the 
required  records,  four  dollars; 

For  certified  copy  of  the  plat  and  field-notes,  fifty 
cents. 

CORONER. 

It  is  the  duty  of  this  officer  to  perform  all  the 
duties  of  the  sheriff  when  there  is  no  sheriff,  or  when 
that  officer  is  an  interested  party  to  any  proceedings 
in  any  court  of  record. 

He  also  acts  as  sheriff  when  an  affidavit  is  filed 


13*  COUNTY    OFFICERS. 

with  the  clerk  of  the  court  that  the  sheriff  and  his 
deputies  are  absent  from  the  county  and  are  not 
expected  to  return  in  time  to  perform  the  service 
required. 

It  is  also  his  duty  to  hold  an  inquest  upon  the 
dead  bodies  of  those  persons  who  are  supposed  to  have 
died  by  unlawful  means.  Upon  receiving  notice  that 
such  a  body  has  been  found  in  his  county,  he  issues  a 
a  warrant  to  any  constable  of  the  county,  directing 
him  to  summon  immediately  three  electors  to  serve  as 
a  jury  in  determining  when,  how,  and  by  what  means 
the  deceased  came  to  his  death.  The  coroner  may 
summon  witnesses  and  both  jurors  and  witnesses  are 
sworn  to  the  faithful  performance  of  the  duties  devolv- 
ing upon  them. 

The  testimony  given  at  the  inquest  is  reduced  to 
writing  and  signed  by  the  witnesses.  The  jurors  having 
viewed  the  body,  heard  the  testimony,  and  made  all 
needful  inquiries,  return  to  the  coroner  in  writing  the 
result  of  their  investigations. 

If  it  be  found  at  the  inquest  that  a  crime  has  been 
committed  on  the  deceased,  and  the  evidence  be  suffi- 
cient to  authorize  the  jury  in  naming  the  guilty  person, 
the  coroner  proceeds  to  secure  the  arrest  of  the  party 
named,  if  possible,  before  the  proceedings  are  made 
public.  The  body  of  the  deceased  is  delivered  to  his 
friends  by  the  coroner,  but  where  there  are  no  friends 
and  no  property,  the  expenses  of  the  inquest  and  burial 
are  paid  out  of  the  county  treasury. 

The  fees  of  the  coroner  are  as  follows: 

For  holding  an  inquest  and  making  the  return, 
five  dollars ; 


COUNTY     OFFICERS.  I33 

For  viewing  a  body  without  holding  an  inquest 
three  dollars ; 

For  issuing  each  subpoena,  warrant,  or  order  for  a 
jury,  twenty-five  cents ;  and 

For  each  mile  traveled  in  going  to  and  returning 
from  holding  an  inquest,  ten  cents. 

For  acting  as  sheriff  he  receives  the  usual  fees  of 
that  officer. 

He  is  obliged  to  give  bonds  to  the  amount  required 
by  the  board  of  supervisors. 

NOTARIES    PUBLIC. 

Notaries  public  are  not  properly  county  officers, 
but  they  are  appointed  by  the  governor  to  transact 
certain  kinds  of  business  in  the  counties  in  which  they 
reside.  The  commissions  of  all  of  these  officers  expire 
on  the  fourth  day  of  July  of  every  third  year  com- 
mencing with  the  year  1876.  Each  notary  has  a  seal, 
upon  which  is  engraved  the  words  "  Notorial  Seal," 
and  "  Iowa,"  with  the  initials  of  his  given  name  and 
his  surname  in  full.  He  files  a  bond  in  the  sum  of  five 
hundred  dollars  with  the  clerk  of  the  court  to  insure 
the  true  and  faithful  discharge  of  the  duties  of  his 
office.  There  are  other  minor  duties  to  be  performed 
by  each  applicant  for  a  commission  as  notary  public 
before  he  receives  his  commission.  The  governor  may 
revoke  the  commission  of  any  notary  at  any  time. 
This  officer  may  administer  oaths,  take  the  acknowl- 
edgments of  signatures  to  deeds  and  other  papers, 
and  perform  certain  duties  relating  to  the  custom  and 
iaw  of  merchants   and   bankers.     He    must  stamp  all 


1 34 


COUNTY     OFFICERS. 


papers  of  which  he  takes  acknowledgments,  with  his 
official  seal.  His  compensation  consists  of  fees  varying 
from  five  cents  to  one  dollar,  according  to  the  amount 
and  character  of  the  work  done. 


TOWN  AND  CITY  GOVERNMENT. 


The  term  town  government  is  taken  in  its  broadest 
sense  and  is  intended  to  include  cities  of  all  classes,  as 
well  as  incorporated  towns.  This  is  often  called  muni- 
cipal government.  Cities  of  the  first-class  contain  at 
least  fifteen  thousand  inhabitants,  those  of  the  second 
class  from  two  thousand  to  fifteen  thousand,  and  incor- 
porated towns,  any  number  less  than  two  thousand 
inhabitants.  Each  city  or  town  contains  as  much  ter- 
ritory as  the  inhabitants  think  necessary,  and  additions 
are  frequently  made  to  the  original  plats.  This  terri- 
tory is  separated  into  blocks  which  are  divided  into 
lots  for  convenience  of  building  and  ownership.  Cities 
are  divided  into  wards. 

OFFICERS   IN   CITIES   OF   THE   FIRST   CLASS. 

Each  city  of  the  first-class  has  one  mayor,  two 
councilmen  from  each  ward,  one  marshal,  one  treas- 
urer, one  auditor,  one  attorney,  one  civil  engineer,  one 
police  judge,  and  one  commissioner  of  the  market. 
Each  of  these  officers  serves  two  years.  The  mayor 
and  the  councilmen  from  all  the  wards>  constitute  the 
city  council. 

THE    MAYOR. 

The  mayor  is  a  member  of  the  city  council,  ex-officio^ 
and  the  chief  officer  of  the  city.  He  presides  at  all 
meetings  of  the  council,  holds  court  for  the  trial  of 

—135— 


136  TOWN    AND   CITY    GOVERNMENT. 

offenders  against  the  city  law,  and  sees  that  all  orders 
of  the  council  are  properly  enforced. 

CITY  COUNCIL. 
The  council  has  power  to  enact  laws  for  the  gov- 
ernment of  the  city,  levy  taxes,  keep  the  streets  and 
sidewalks  in  proper  condition,  and  appoint  inferior 
officers.  Laws  passed  by  the  council  of  a  city  or  town 
are  called  ordinances. 

THE   MARSHAL. 

The  duties  of  the  marshal  correspond  to  those  of 

constable.     He  attends  the  courts  of  the  mayor  and 

police  judge,  and  is,  in  fact,  the  chief  ministerial  officer 

of  the  city. 

THE   TREASURER. 

The  treasurer  receives  all  money  belonging  to  the 

city  and  pays  it   out  when   ordered   to  do  so  by  the 

council.     He  gives  bonds  in  such  a  sum  as  the  council 

directs. 

THE   AUDITOR. 

The  auditor  has  charge  of  the  financial  affairs  of 
the  city  and  issues  warrants  upon  the  treasury  when 
ordered  to  do  so  by  the  city  council.  His  duties  are 
numerous  and  important. 

CITY  SOLICITOR. 
The  city  solicitor,  or  attorney,  is  a  lawyer  elected 
to  represent  the  city  in  any  legal  business.  His  rela- 
tions to  the  officers  of  the  city  are  the  same  as  those 
of  the  attorney  general  to  officers  of  the  state,  or  of 
the  county  attorney  to  officers  of  the  county. 

CIVIL   ENGINEER. 
The  civil  engineer  performs  such  duties  belonging 
to  his  profession  as  may  be  required  by  the  city  council. 


TOWN    AND    CITY    GOVERNMENT.  I37 

-      POLICE   JUDGE. 

The  police  judge  has  jurisdiction  of  all  offenses 
against  any  ordinance  of  the  city  in  which  he  serves. 
In  criminal  matters,  his  powers  are  co-ordinate  with 
those  of  justice  of  the  peace,  and  he  is  entitled  to  the 
same  fees  as  that  officer.  He  may  also  take  acknowl- 
edgments of  signatures  to  deeds,  mortgages,  and  other 
papers.  His  court,  which  is  open  at  all  times  for  the 
transaction  of  business,  is  a  court  of  record.  The  clerk 
of  this  court  is  chosen  by  the  qualified  electors  of  the 
city  or  appointed  by  the  police  judge,  as  the  council 
may  direct.  In  case  of  vacancy  in  the  office  of  police 
judge,  the  duties  of  that  officer  devolve  upon  the 
mayor.  For  the  prosecution  of  any  person  for  violat- 
ing an  ordinance  of  the  city,  the  police  judge,  or  mayor, 
is  entitled  to  such  compensation  as  the  city  council 
may  allow. 

MARKET   SUPERINTENDENT. 

The  superintendent  of  the  market  acts  as  overseer 
of  all  places  provided  by  the  city  for  the  sale  of  fresh 
meats,  vegetables,  and  other  articles  of  a  perishable 
nature  usually  offered  for  sale  in  a  public  market. 

To  the  city  council  belongs  the  power  to  appoint 
members  of  the  police  force  and  night  watch.  It  may 
also  provide  for  a  fire  department  and  make  regulations 
for  governing  the  same.  The  council  also  acts  as  the 
board  of  health. 

The  compensation  of  these  officers  is  fixed  by 
ordinance  of  the  city  council,  in  most  instances.  The 
exceptions  to  this  have  been  referred  to.  Each  mem- 
ber of  the  council  is  prohibited,  by  statute,  from  receiv- 
ing more  than  one  dollar  for  attending  each  meeting  of 
the  council,  or  more  than  fifty  dollars  in  any  one  year. 


138  TOWN    AND    CITY    GOVERNMENT. 

OFFICERS   IN   CITIES   OF   THE   SECOND   CLASS. 

In  cities  of  the  second  class,  there  are  chosen 
biannually  a  mayor,  a  city  council  consisting  of  two 
members  from  each  ward,  and  a  treasurer.  A  city 
solicitor  is  chosen  every  second  year  for  two  years. 
Marshal,  night  watch,  and  other  officers  are  appointed 
by  the  council.  These  officers  have  the  same  powers 
and  perform  the  same  duties  as  the  corresponding 
officers  in  cities  of  the  first  class. 

OFFICERS   IN   INCORPORATE   TOWNS. 

The  corporate  authority  of  an  incorporated  town 
is  vested  in  a  mayor,  a  recorder,  and  five  councilmen, 
all  of  whom  are  chosen  by  the  qualified  electors  resid- 
ing within  the  limits  of  the  corporation.  These  seven 
officers  constitute  the  town  council,  and  any  five  of 
them  are  a  quorum  for  the  transaction  of  business. 
The  council  may,  by  ordinance,  provide  for  the  election 
of  a  treasurer  and  such  other  officers  as  may  be  neces- 
sary to  administer  the  government.  A  marshal  is 
appointed  by  the  council.  The  duties  of  these  officers 
are  much  the  same  as  those  of  corresponding  officers 
in  cities  of  the  first  and  second  classes. 

"SPECIAL   CHARTER"    CITIES. 

Many  of  the  older  cities  of  the  state  were  organi- 
zed before  the  present  law  for  the  incorporation  of 
cities  and  towns  was  enacted.  The  government  of 
these  cities  differs  somewhat  from  those  authorized  by 
the  present  law.  They  are  said  to  be  governed  by 
"  special  charter." 


TOWNSHIP  GOVERNMENT. 


To  the  people  of  Iowa,  the  civil  township  is  a  very 
important  division.  It  is  here  that  government  "  by 
the  people  "  is  to  be  found.  Comparatively  few  state 
and  county  officers  are  required,  but  there  is  hardly  a 
county  in  the  state  that  does  not  have  at  least  four 
hundred  officers  whose  duties  are  confined  to  the  civil 
township.  The  greater  part  of  all  the  taxes  raised 
each  year  is  expended  in  the  township  under  the  direc- 
tion of  its  officers.  It  will  be  necessary  to  consider 
two  kinds  of  government  in  this  connection,  viz.  : 
school  government,  and  township  government  proper. 

SCHOOL   GOVERNMENT. 

The  public  schools  are  free  to  all  residents  of  the 
state  between  the  ages  of  five  and  twenty-one  years. 
Each  civil  township  constitutes  a  school  district  which 
may  be  divided  into  such  sub-districts  as  the  board  of 
directors  think  necessary.  At  a  meeting  held  on  the 
first  Monday  of  March  in  each  year,  the  qualified 
electors  of  each  sub-district  elect  one  sub-director  to 
serve  as  a  member  of  the  township  board  of  directors 
for  the  ensuing  year.  On  the  second  Monday  of  March, 
the  qualified  electors  of  the  township  meet  for  the 
transaction  of  certain  kinds  of  business  connected  with 
building  and  repairing  school-houses  and  disposing  of 
school  property.     On  the  third  Monday  of  March,  the 

—139— 


140  TOWNSHIP    GOVERNMENT. 

newly-elected  sub-directors  meet  and  organize  by  choos- 
ing one  of  their  number  president.  They  then  proceed 
to  the  transaction  of  such  business  as  may  come  before 
them.  They  allow  all  just  claims  against  the  district, 
hire  teachers  or  delegate  this  power  to  the  director  in 
each  sub-district  subject  to  approval  by  the  board, 
estimate  the  amount  of  money  to  be  raised  for  the  sup- 
port of  schools  in  their  district,  and  provide  for  build- 
ing and  repairing  school-houses. 

The  president  presides  at  all  meetings  of  the 
board  and  of  the  district  township,  draws  all  drafts  on 
the  county  treasury  for  money  belonging  to  his  dis- 
trict, and  signs  all  orders  on  the  treasury  and  all  con- 
tracts made  by  the  board.  At  the  regular  meeting  of 
the  board  held  on  the  third  Monday  of  September  in 
each  year,  a  secretary  and  treasurer  are  chosen  for  one 
year.  The  duties  of  these  officers  are  such  as  their 
titles  indicate. 

Cities,  incorporated  towns,  and  villages  having  not 
less  than  two  hundred  inhabitants,  may  be  organized 
as  independent  school  districts.  In  districts  having  less 
than  five  hundred  inhabitants,  the  boards  of  directors 
consist  of  three  members,  one  of  whom  is  chosen  on 
the  second  Monday  of  March  in  each  year,  for  the  term 
of  three  years.  In  districts  having  five  hundred,  or 
or  more,  inhabitants,  there  are  six  directors,  two  being 
chosen  each  year.  The  secretary  may,  or  may  not,  be 
a  member  of  the  board,  but  no  director  of  an  inde- 
pendent district  can  fill  the  office  of  treasurer.  In 
accordance  with  the  provisions  of  a  former  law,  inde- 
pendent districts  were  formed  in  district  townships. 
In  some  instances,  each  sub-district  becomes  indepen- 
dent, while  in  otliers  some  other  mode  of  dividing  the 


TOWNSHIP    GOVERNMENT.  I4I 

township  was  adopted.  This  law  was  repealed  by  the 
Sixteenth  General  Assembly,  and  no  districts  of  this 
kind  have  been  formed  since  July  4,  1876.  So  far  as 
practicable,  the  law  governing  district  townships 
applies  to  independent  districts. 

Reference  has  already  been  made  to  the  perma- 
nent school  fund,  and  the  way  in  which  the  interest  is 
applied.  The  amount  of  this  interest,  however,  is  but 
a  small  part  of  what  is  needed  for  the  support  of  schools. 
There  are  three  different  school  funds,  the  teachers  fund 
for  the  payment  of  teachers,  the  school-house  fund  for 
building  and  repairing  school-houses  and  the  purchase 
of  school  grounds,  and  the  contingent  fund  for  the  pur- 
chase of  fuel  and  the  payment  of  other  running  ex- 
penses. 

The  teachers'  fund  is  derived  from  the  semi-annual 
apportionment  which  includes  the  interest  on  the  per- 
manent school  fund,  fines  and  forfeitures  of  various 
kinds,  and  a  county  school  tax  of  not  less  than  one 
mill  nor  more  than  three  mills,  which  is  levied  by  the 
board  of  supervisors  on  the  taxable  property  of  the 
county.  In  addition  to  this,  the  directors  of  each  dis- 
trict, before  the  third  Monday  of  May  in  each  year, 
vote  to  raise  a  tax  upon  the  property  in  their  district, 
not  to  exceed  fifteen  dollars  for  each  person  of  school 
age,  except  as  provided  for  in  the  next  paragraph. 

The  amount  of  the  contingent  fund  is  estimated 
by  the  directors  of  each  district  and  cannot  exceed  five 
dollars  per  pupil,  except  in  thinly  settled  townships 
where  that  amount  and  fifteen  dollars  per  pupil  for 
teachers'  fund  is  not  sufficient  to  maintain  the  schools 
for  the  time  allowed  by  law.  Seventy-five  dollars  con- 
tingent fund  and  two   hundred   and   seventy  dollars 


142  TOWNSHIP    GOVERNMENT. 

teachers'  fund,  including  the  apportionment,  may  be 
raised  for  school  purposes  in  each  sub-district. 

The  school-house  fund  is  derived  from  a  tax  upon 
the  property  of  any  district  in  which  a  school-house  is 
to  be  built  or  repaired.  This  tax  is  voted  by  the  elec- 
tors of  the  sub-district,  or  district  township,  and  cannot 
exceed  ten  mills  on  the  dollar  when  levied  upon  the 
whole  township.  At  the  sub-district  meeting  held  on 
the  first  Monday  of  March,  the  electors  may  vote  to 
raise  a  certain  sum  of  money  for  school-house  purposes. 
If  the  electors  at  the  district  township  meeting,  refuse 
to  grant  any  or  all  of  this  amount,  the  tax  is  levied 
upon  the  property  of  the  sub-district,  provided  it  does 
not  exceed  fifteen  mills  on  a  dollar  of  valuation.  As  a 
rule,  the  tax  for  school-house  purposes  is  levied  upon 
the  whole  district  and  expended  in  the  different  sub- 
districts,  as  occasion  may  require. 

The  district  secretaries  certify  all  taxes  for  school 
purposes  to  the  county  supervisors,  who  levy  them  at 
the  time  of  levying  the  taxes  for  county  purposes. 

TOWNSHIP   OFFICERS. 

The  officers  of  the  township  are  three  trustees,  one 
clerk,  one  assessor,  two  constables,  and  two  justices  of 
the  peace,  but  where  a  township  contains  a  city  or  an 
incorporated  town,  the  township  trustees  may  order 
the  election  of  one  or  two  additional  justices  and  con- 
stables, and  at  least  one  justice  and  one  constable  must 
reside  in  the  city  or  incorporated  town.  Each  town- 
ship is  divided  into  road  districts  and  the  electors  ol 
each  district  choose  one  road  supervisor,  who  has 
charge  of  the  highwajs  of  his  districts. 


TOWNSHIP    GOVERNMENT.  I43 

TRUSTEES. 

The  trustees  decide  upon  the  place  of  holding  elec- 
tions, equalize  taxes,  and  have  charge  of  all  cemeteries, 
not  controlled  by  other  trustees  or  by  religious  socie- 
ties. They  constitute  the  board  of  health,  act  as  fence 
viewers,  overseers  of  the  poor,  and  judges  of  elec- 
tion. One  trustee  is  elected  every  year  for  a  term  of 
three  years.  All  other  township  officers  are  elected  in 
the  even-numbered  years  and  serve  two  years. 

The  trustees  meet  on  the  first  Monday  of  April 
and  the  first  Monday  of  October  in  each  year.  At  the 
April  meeting,  they  estimate  the  amount  of  property 
tax  to  be  raised  in  their  township  for  repairing  high- 
ways and  purchasing  plows,  scrapers,  tools,  etc.,  to  be 
used  in  working  the  roads.  This  tax  cannot  be  less 
than  one,  nor  more  than  five  mills  on  the  dollar  of 
assessment  for  that  year.  They  also  determine  what 
portion  of  the  tax,  if  any,  shall  be  paid  in  labor,  and 
the  wages  that  will  be  allowed  for  a  day's  work  done 
by  a  man,  or  by  a  man  and  team.  At  the  October 
meeting,  they  divide  their  township  into  road  districts 
and  settle  with  the  township  clerk  and  road  super- 
visors. 

CLERK. 

The  township  clerk  is  secretary  of  the  board  of 
trustees  and  keeps  accurate  records  of  the  proceedings 
of  all  meetings  of  the  board  of  trustees,  and  performs 
such  other  acts  as  may  be  required  of  him  by  law.  He 
acts  as  clerk  of  election,  has  charge  of  property  belong- 
ing to  the  township,  and  receives  the  resignations  of 
township  officers.  Immediately  after  an  election  he 
sends  the  county  auditor  a  list  of  the  names  of  persons 
receiving  any  votes  for  any  office,  the  number  of  votes 


144  TOWNSHIP    GOVERNMENT. 

each  person  received,  and  the  time  of  holding  the  elec- 
tion. He  is  empowered  to  administer  the  oath  of 
office  to  township  officers.  As  clerk  of  election,  it  is 
the  duty  of  the  township  clerk  to  preserve  all  the 
ballots  cast  at  any  election,  together  with  the  tally  list, 
until  the  time  for  contesting  the  election  of  any  officer 
voted  for  has  passed. 

ROAD   SUPERVISORS. 

Each  road  supervisor  must  reside  in  the  district 
for  which  he  is  chosen,  but  no  person  who  is  exempted 
from  performing  labor  on  the  highway  can  be  required 
to  serve  in  this  capacity.  Within  four  weeks  after  the 
township  trustees  have  levied  the  property  tax,  the 
township  clerk  furnishes  each  supervisor  with  a  tax- 
list  for  his  district,  which  shows  the  amount  of  tax  on 
each  piece  of  land  and  each  town  lot,  as  well  as  on  all 
personal  property  belonging  to  each  person  in  the  dis- 
trict. This  list  also  contains  the  names  of  all  persons 
required  to  perform  two  days  labor  upon  the  road  as 
poll  tax.* 

Within  ten  days  after  receiving  the  tax-list,  the 
supervisor  is  required  to  post  up  in  three  conspicuous 
places  in  his  district,  the  amount  of  tax  assessed  to 
each  tax-payer.  All  able-bodied  residents  of  each 
highway  district,  between  the  ages  of  twenty-one  and 
forty-five  years,  are  required  to  labor  upon  the  high- 
way two  days  of  eight  hours  each. 

On  the  first  Monday  of  April  and  October  of  each 
year,  the  supervisors  report  to  the  township  clerk  the 

♦Note. — At  the  regular  meeting-  of  the  board  of  supervisors  in  September 
in  each  year,  a  poll  tax  of  fifty  cents  is  levied  upon  all  male  citizens  of  the  county 
over  twenty-one  years  of  age  This  tax  forms  a  part  of  the  revenue  for  county 
purposes,  and  is  levied  without  any  regard  to  the  property  of  the  individuals 
taxed. 


TOWNSHIP    GOVERNMENT.  I45 

amount  of  labor  performed  on  the  highways  in  their 
respective  districts,  the  amount  of  all  moneys  received, 
taxes  unpaid,  the  condition  of  the  highways,  and  such 
other  information  as  may  be  considered  necessary. 

When  notified  in  writing  that  any  bridge,  or  por- 
tion of  the  highway,  is  in  an  unsafe  condition,  the 
supervisor  becomes  personally  liable  for  any  damages 
resulting  therefrom,  provided  he  has  had  a  reasonable 
tijne  to  make  the  needed  repairs.  When  notified  that 
a  county  bridge  is  unsafe,  it  is  his  duty  to  obstruct  it, 
and  to  inform  a  member  of  the  board  of  county  super- 
visors of  the  condition  of  the  bridge  at  once. 

For  each  day  spent  in  the  discharge  of  his  duties, 
each  road  supervisor  receives  from  the  highway  fund 
the  amount  fixed  by  the  township  trustees  for  a  day's 
labor.  When  there  is  no  money  with  which  to  pay  the 
supervisor,  he  is  entitled  to  a  certificate  for  the  amount 
of  labor  performed,  which  will  be  received  in  payment 
of  his  own  highway  tax  for  any  succeeding  year. 

ASSESSOR. 

The  township  assessor  is  required  to  list  every  per- 
son in  his  township,  and  to  assess  all  property,  both 
personal  and  real,  except  such  as  is  exempted  by  law. 
To  secure  uniformity  of  assessment,  the  county  super- 
visors, at  their  January  session,  fix  the  value  of  the 
different  kinds  of  property  by  classes.  This  serves  as 
a  guide  to  the  assessor  in  the  discharge  of  his  duties. 
On  or  before  January  15,  of  each  year,  the  assessor 
receives  two  books  from  the  county  auditor,  in  each  of 
which  he  enters,  in  the  proper  columns,  all  the  items 
required  concerning  the  property  assessed  by  him. 
One  of  these  books  is  delivered  to  the  township  clerk, 
10 


146  TOWNSHIP    GOVERNMENT. 

on  or  before  the  first  Monday  of  April,  to  be  used  by 
the  trustees  in  equalizing  assessments,  and  levying 
taxes  for  township  and  highway  purposes.  The  other 
book,  after  having  been  corrected  by  the  township 
trustees,  is  returned  to  the  county  auditor  on  or  before 
the  third  Monday  of  May. 

Section   113,  Code  of  Iowa,  is  as  follows: 

The  township  assessor  of  each  township  shall,  at 
the  time  of  assessing  property  in  the  year  1875,  and 
every  ten  years  thereafter,  take  an  enumeration  of  the 
inhabitants  of  his  township. 

On  or  before  the  first  day  of  June  in  the  year  in 
which  the  census  is  taken,  the  assessor  reports  to  the 
county  auditor  the  result  of  the  enumeration.  An 
abstract  of  the  reports  made  by  all  the  assessors  of  the 
county  is  forwarded  to  the  secretary  of  state  by  the 
county  auditor,  on  or  before  the  first  day  of  Septem- 
ber of  that  year.  The  census  returns  show  not  only 
the  number  of  inhabitants,  male  and  female,  but  a  col- 
lection of  statistics  pertaining  to  the  militia,  the  for- 
eign population,  the  condition  of  all  the  industries  of 
the  state,  and  various  other  items  of  interest. 

At  the  time  of  making  the  annual  assessment, 
each  assessor  is  required  to  make  and  return  to  the 
county  auditor  a  list  of  the  names  of  all  persons  sub- 
ject to  military  duty. 

JUSTICE  OF  THE  PEACE. 

The  jurisdiction  of  justices  of  the  peace,  when  not 
specially  restricted  by  law,  is  co-extensive  with  the 
county  in  which  they  reside.  Each  justice  keeps  a 
docket  in  which  he  records  all  official  acts  done  by 
him.     Actions  in  justice  courts  are  commenced  by  vol- 


TOWNSHIP    GOVERNMENT-  I47 

untary  appearance,  or  by  notice.  When  a  suit  requir- 
ing notice  is  commenced,  the  notice  must  contain  the 
name  of  the  defendant  (or  a  description  of  him,  if  his 
name  is  unknown),  the  nature  of  the  claim,  the  amount 
claimed  by  the  plaintiff,  and  the  time  set  for  trial. 
This  notice  miist  be  signed  by  the  plaintiff  or  the  jus- 
tice before  whom  the  action  is  commenced.  It  is  then 
delivered  to  the  sheriff  or  any  constable  of  the  county 
to  be  served  upon  the  defendant.  The  trial  must  be 
held  within  fifteen  days  from  the  date  of  the  notice, 
and  the  notice  served  within  ten  days  from  the  same 
date.  The  defendant  may  at  any  time  put  a  stop  to 
the  proceedings,  by  paying  the  amount  of  the  claim 
with  the  costs  that  have  accrued. 

Before  the  trial  commences,  either  party  may  have 
the  place  of  trial  changed  by  filing  an  affidavit : 

1.  That  the  justice  is  prejudiced  against  him  ; 

2.  That  the  justice  is  a  near  relative  of  the  other 
party  ; 

3.  That  the  party  filing  the  affidavit  considers  the 
justice  a  material  witness  for  him ; 

4.  That  he  believes  that  he  will  not  receive  justice 
at  the  hands  of  the  officer  before  whom  the  action  was 
taken. 

This  is  called  a  change  of  venue. 

After  a  case  has  come  to  trial,  an  adjournment, 
not  to  exceed  sixty  days,  may  be  had  to  enable  either 
party  to  secure  additional  witnesses. 

At  the  request  of  either  of  the  parties  to  any  suit, 
the  justice  directs  the  constable  to  summon  a  jury,  to 
consist  of  six  members,  unless  a  smaller  number  has 
been  agreed  upon  by  the  parties. 

In  criminal  matters,  the   jurisdiction  of  justices  of 


148 


TOWNSHIP    GOVERNMENT. 


the  peace  extends  to  all  cases  less  than  felony,  com- 
mitted in  their  respective  counties,  in  which  the  pun- 
ishment prescribed  by  law  does  not  exceed  a  fine  of 
one  hundred  dollars,  or  imprisonment  thirty  days. 
The  mode  of  procedure  is  much  the  same  in  both  civil 
and  criminal  cases.  In  any  criminal  action,  the  de- 
fendant may,  before  any  testimony  has  been  taken, 
demand  a  trial  by  jury.  If  the  person  be  acquitted,  he 
is  set  at  liberty  at  once.  Should  he  be  convicted,  the 
justice  renders  the  judgment  of  fine,  or  imprisonment, 
or  both,  as  the  case  may  require.  Criminals  sometimes 
plead  guilty  to  the  crimes  of  which  they  are  accused 
in  the  hope  of  receiving  a  light  sentence.  Besides 
performing  the  duties  above  referred  to,  a  justice  of 
the  peace  may  take  acknowledgements  of  signatures 
to  deeds,  mortgages,  and  other  papers,  solemnize  mar- 
riages, and  bind  over  disorderly  persons  to  keep  the 
peace. 

CONSTABLES. 
The  constable  is  the  proper  executive  officer  of 
the  justice's  court,  but  any  of  the  duties  required  of 
him  may  be  performed  by  the  sheriff  of  the  county. 
The  powers  and  duties  of  the  sheriff  in  relation  to  the 
circuit  court  correspond,  so  far  as  applicable,  to  those 
of  the  constable  in  a  justice's  court.  It  is  the  duty  of 
the  constable  to  serve  all  warrants,  notices,  and  other 
processes  lawfully  directed  to  him  by  the  trustees  or 
clerk  of  any  township,  or  by  any  court,  and  to  per- 
form, such  other  acts  as  may  be  required  of  him  by  law. 
He  is  forbidden  to  act  as  attorney  for  any  party,  or  to 
purchase  any  property  offered  at  sale  by  him  upon 
execution  or  other  process.  Constables,  although 
elected  by  the  voters  of  their  respective   townships, 


TOWNSHIP    GOVERNMENT.  I49 

may  be  called  upon  to  discharge  their  duties  in  any 
part  of  the  county;  hence  they  may  be  considered 
county  officers  in  a  special  sense. 

TOWNSHIP   COLLECTORS. 

The  board  of  supervisors  of  any  county  in  the 
state,  having  a  population  of  more  than  seven  thou- 
sand inhabitants,  may,  at  their  regular  meeting  in  June, 
by  a  two-thirds  vote  of  the  board,  order  the  election 
of  a  township  collector  of  taxes  in  each  township  of 
the  county.  The  first  election  of  township  collectors 
takes  place  at  the  next  regular  election  after  the  action 
of  the  board  of  supervisors,  and  they  are  chosen  in  the 
same  manner  as  other  township  officers.  • 

Before  entering  upon  the  discharge  of  his  duties, 
each  township  collector  is  required  to  give  a  bond  to 
the  county  in  twice  the  amount  of  the  tax  to  be  col- 
lected by  him.  Duplicate  tax-lists  for  each  township, 
in  which  there  is  a  collector,  are  made  out  by  the  county 
auditor  and  delivered  to  the  county  treasurer.  The 
treasurer  delivers  these  lists  to  the  collectors  as  soon 
as  they  have  qualified,  taking  their  receipts  therefor. 
Upon  receiving  the  tax-lists,  each  collector  posts  a 
notice  in  some  conspicuous  place  in  each  school  district 
in  his  township,  stating  that  he  has  received  the  lists. 
The  notice  must  also  state  a  place  in  the  township 
where  the  collector  will  be  at  least  one  day  each  week 
for  the  purpose  of  receiving  the  payment  of  taxes. 

Each  collector  is  required  to  make  a  monthly  state- 
ment to  the  county  treasurer  of  the  amount  of  taxes 
received  by  him.  This  report  must  be  accompanied  by 
the  money  received.  Township  collectors  are  not 
chosen  in  very  many  counties,  as  this  method  of  col- 


150  TOWNSHIP    GOVERNMENT. 

lecting  taxes  is  much  more  expensive  to  the  people, 
and  the  additional  number  of  officers  renders  the  lia- 
bility to  mistakes  much  greater. 

Each  collector  is  entitled  to  receive  for  his  services : 

1.  Two  per  cent,  of  all  sums  collected  by  him  on 
the  first  two  thousand  dollars,  and  one  per  cent,  on  all 
sums  in  excess  of  that  amount  when  collected  without 
suit, 

2.  Five  per  cent,  upon  all  taxes  collected  by  him 
by  distress  and  sale  of  property,  which  percentage  and 
costs  shall  be  collected  of  the  delinquent  tax-payer^ 
and  the  same  fees,  in  addition  to  the  five  per  cent.,  that 
constables  receive  for  the  sale  of  property  on  execu- 
tion. 

The  compensation  of  justices  and  constables  is  by 
fees.  Jurors  in  justices'  courts  are  allowed  one  dollar 
for  each  day's  service,  but  no  mileage.  Witnesses 
receive  fifty  cents  for  each  day's  attendance  upon  this 
court,  and  five  cents  for  each  mile  actually  traveled  in 
going  to  and  returning  from  the  trial.  Trustees,  clerks, 
and  assessors  are  allowed  two  dollars  for  each  day's 
work  of  eight  hours. 


COUNTIES    OF    IOWA. 


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152 


COUNTIES    OF    IOWA. 


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154 


COUNTIES   OF    IOWA. 


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OFFICERS   OF  THE  STATE    GOVERNMENT. 


GOVERNORS. 


♦Robert  Lucas 1838-1841 

*John   Chambers 1841-1845 

*  James  Clarke 1845-1846 

Ansel  Briggs 1846-1850 

Stephen  Hempsted...  1850-1 854 

James   W.Grimes 1854-1858 

Ralph  P.  Lowe 1858-1860 

Samuel  J.  Kirkwood..l8(i0-1864 

Wm.  M.Stone .1864-1868 

Samuel  Merrill 1868-1872 

Cyrus  C.  Carpenter...  1872-1876 
f  Samuel  J.  Kirkwood.  1876  1877 
tjoshua  G.  Newbold..  1877-1878 

John  H.  Gear 1878-1882 

Buren  R.  Sherman...  1882- 

♦Territorial  Governor, 
t  Resigned  Feb.  1,  1877. 
j  Acting  Governor  from  Feb.  1,  1877, 
to  Jan.  17,  1878. 


AUDITORS   OF    STATE. 


Joseph  T.  Fales. 1846-1850 

William  Pattee 1850-1854 

f  Andrew  J.  Stephens.  1854-1855 

jjohn  Pattee 1855-1859 

Jonathan  W.  Cattell...  1859-1 865 

John  A.  Elliott 1865-1871 

John  Russell 1871-1875 

Buren  R.  Sherman 1875-1881 

Wm.  V.  Lucas 1881-1883 

John  L.Brown 1883- 

t  Resigned.  


*  LIEUT.    GOVERNORS. 


Oran  Faville 1858-1860 

Nicholas  J.  Rusch....  1860-1862 

John  R.  Needham 1862-1864 

Enoch  W.  Eastman. ..1864-1866 

Beni.  F.  Gue. 1866-1868 

John  Scott 1868-1870 

+  Madison  M.  Walden.  1870-1871 

i  Henry  C.  Bulis 1871-1874 

Joseph  Dysart.. .1874-1876 

foshua  G.  Newbold...  1876-1 877 
Frank  T.  Campbell...  1878-1882 
Orlando    H.  Manning.1882- 

*  Office  created  1857. 

+  Klected  to  Contrress. 

t  Appointed  by  the  Gov.  for  remain- 
der of  predecessor's  term,  and  then 
elected  for  one  term. 


TREASURERS    OF    STATE. 


Morgan  Reno. 1846-1 8o0 

Israel    Kister 1850-1852 

Martin  L.  Morris 1852-1 8o9 

John  W.   Tones 1859-1863 

Wm.  H.   Holmes 1863-1867 

Samuel  E.  Rankin... .1867-1873 

Wm.  Christy ....1873-1876 

Geo.  W.  Bemis 1877-1881 

Edwin    H.  Conger 1881- 


—  155- 


1^6 


OFFICERS   OF    STATE    GOVERXMENT. 


SECRETARIKS    OF    ST.A.TE. 

SUPT.  OF  PUBLIC  INSTRUCTION. 

Elisha  Cutler.  Jr., 1846-1848 

Josiah    H.  Bonne v 1848-1850 

George  W   McCleary.  1850-1 856 

Eliiah   Sells 1856-1863 

James  Wright 1863-1867 

Ed.   Wright...   1867-1873 

[osiah  T.  Young 1873-1879 

John  A.  T.  Hull 1879-.... 

t  JUDGES    OF    SUPREME   COURT. 

James   Harlan 1847-1848 

Thomas  H.  Benton,  jr.,1848-1854 

*  James  D.  Ead=, 1854-1857 

t  Joseph  P.  Stone 1857-1857 

Maurice  L.Fisher 1857-1858 

tt  Oran    Faville 1864-1867 

D.  Franklin  Wells. .1867-1868 
|:^Abraham  S.  Kissell.  1868-1872 
t  Alonzo  Abernethy.  1872-1876 
Carl  W.  von  Coeller..  1876 -1882 
John  W.  Akers 1882- 

Jas.  H.  Rothrock,  C.  J.. 1876-1884 

Joseph  M.  Beck 1868-1885 

Austin  Adams 1876-1887 

Wm.  H.  See  vers 1877-1888 

Joseph    R.  Reed 1883-1889 

tjudg^s  at  present  time  only. 

*  Suspended  by  Governor. 

t  Resisrned. 

tt  Appointed  by  Governor. 

i  Dutit-s  of  this  office  performed  by 
Sec.  of  Board  of  Education  from  1858 
tol8&4. 

$5  Died  in  office. 

ATTORNEYS    GENERAL. 

REGISTERS  STATE    LAND  OFFICE 

David  C.  Cloud 1853-1856 

Samuel  A.  Rice 1856-1861 

Chas.  C.  Nourse 1861-18'>5 

*  Isaac  L.Allen 1865-1866 

t  Frederick   E.  Bissell.  1866-1867 

|Henrv  Oconnor 1867-1872 

l+Marena  E.  Cutts...  1872-1877 

John  F.  Mcjunkin 1877-1881 

Smith  McPherson laSl- 

Anson  Hart 1855-1856 

Theodore  S.  Parvin...  1856-1859 

Amos   B.Miller ia59-l86i 

Edwin   Mitchell 1862-18«3 

Josiah  A.  Harvev 1863-1867 

Cvrus  C.  Carpenter... 1867-187 1 

Aaron   Brown 1871-1875 

David   Secor 1875-1879 

James   K.    Powers 1879-1882 

♦Resignedjan.il,  1866. 

t  Appointed  by  Governor  Jan.  12, 1866, 
and  elected   the  following  fall.      Died 
June  2,  1867. 

t  Resiarned  187^. 

*♦  Appointed  by  Gov.  Feb.  23,  1872. 

Office  abolished  Jan.  1.  1883.  and 
duties  devolved  on  the  Secretary  of 
State. 

OUTLINES. 


History  of  Towa. 
Chapter  I. 

I.  Discovery  and  Settlement. 

1.  Part  of  Louisiana  Purchase. 

2.  Early  Settlements. 

3.  Attached  to. 

a.  Indiana  Ter.,  1804. 

b.  Missouri  Ter.,  1812. 

c.  Unorganized,  1821. 

d.  Michigan  Ter.,  1834. 

e.  Wisconsin  Ter.,  1836. 

f.  Separate  Organization,  1838. 

4.  Admitted  to  the  Union,  1846. 

5.  Character  of  Settlers. 

6.  Black  Hawk  Purchase,  1832. 

7.  Half-Breed  Tract. 

8.  Second  Treaty  with  Sacs  and  Foxes,  184a. 

II.  Growth. 

1.  Immigration. 

2.  First  Legislature,  1839. 

3.  Location  of  Capital. 

a.  Iowa  City. 

b.  Monroe  City. 

c.  Des  Moines. 

I,    New  Capitol. 

4.  Grants  of  Land. 

a.  500,000  Acre  Grant, 

b.  Sixteenth  Section. 

c.  University  Grant. 

d.  Five  Per  Cent  Fund. 

5.  Permanent  School  Fund. 

a.  Principal. 

b.  Interest. 

6.  Educational  Progress. 
Chapter  II.    State  Institutions. 

I.    State  University. 

1.  Location  —  Iowa  City,  Johnson  Co. 

2.  Departments. 

a.  Academical. 

1.  Classical. 

2.  Philosophical. 

3.  Scientific. 

4.  Civil  Engineering. 

b.  Law. 

c    Medicine. 


158  OUTLINES. 

3.    Government. 

a.    Board  of  Regents. 

II.  State  Agricultural  College. 

1.  Location  —  Ames,  Story  Co. 

2.  Grants  of  Land. 

3.  Design  of  College. 

4.  Management. 

III.  State  N'ormal  School. 

1.  Location  —  Cedar  Falls,  Black  Hawk  Co, 

2.  Courses  of  Study. 

a.  Didactic. 

b.  Scientific. 

c.  Supplementary  High  School. 

3.  Design  of  School. 

4.  Management. 

IV.  College  for  Blind. 

1.  Location  —  Vinton,  Benton  Co. 

2.  Management. 

3.  Object  of  School. 

V.  Institution  for  Deaf  and  Dumb. 

1.  Location  —  Council  Bluffs,  Pottawattamie  Co. 

2.  Object  of  School. 

3.  Management. 

VI.  Soldiers'  Orphans'  Home. 
1.    Organization. 

z.    Location  —  Davenport,  Scott  Co. 

3.  Number. 

4.  Object, 

VII.  Hospital  for  the  Insane. 

1.  Location  : 

a.  Mt.  Pleasant,  Henry  Co, 

b.  Independence,  Buchanan  Co. 

c.  Clarinda,  Page  Co. 

2.  Commissioners  of  Insanity, 

3.  Expenses. 

VIII.  Institution  for  Feeble  Minded. 

1.  Location  —  Glenwood,  Mills  Co. 

2.  Management. 

3.  Object  of  School. 

4.  Board  of  Trustees. 

IX.  Iowa  Iiiilustrial  Schools. 

1.  Location  : 

a.  Boys' —  Eldora,  Hardin  Co. 

b.  Girls'—  Mitchellville,  Polk  Co. 

2.  Object  of  School. 

3.  Management. 

X.  Penitentiaries. 
I.    Location  : 

a.  Ft.  Madison,  Lee  Co. 

b.  Anamosa,  Jones  Co. 
3.    Management. 

3,  OflScers. 

4.  "Good  Time." 


OUTLINES.  159 


Chapter  III.     Constitution. 

Chapter  IV.     Okpak  imknts  oif  Governmknt. 

1.  Nature  of  Constitution. 

2.  "  Old  Constitution  " 

3.  New  Constitution. 

4.  Pro:inil)Ic. 
Art.  I.    Hill  of  Rights. 

Sec.  I.    Kij;lils  of  Persons. 
*•     2.    Political  Powers. 
"     3.    Religion. 
•'     4.    ReliKious  Test. 
*•     5.    Dueling. 
"     6.    Laws  Uniform. 
*'     7.    Liberty  of  Speech  and  Press. 
'"     8.    Personal  Security. 
'*     g.    Trial  by  Jury. 
*'  10.    Rights  of  Persons  Accused. 
"  II.    Indictment. 
**   12.    Twice  Tried ;  Bail. 
"  13.    Habeas  Corpus. 
"  14.    Military. 

Quartering  Troops. 

Treason. 

Bail ;  Punishments. 

Property. 

Imprisonment  for  Debt. 

Petition. 

Attainder. 

Aliens  Hold  Property. 

Slavery. 

Reservation. 

Adjournments. 
Right  of  SulTrage. 

Electors. 
"     2.    Privileges 
•*     3.    Same. 
*'     4.    Exception. 
"     5.    Ballot. 
Art.  III.    Distribution  of  Powers. 
Legislative  Department. 

I.    House  of  Representatives. 

1.  Composition. 

2.  Qualifu  ation  of  Memben, 

a.  Age. 

b.  Citizenship, 

c.  Inhabitancy 

d.  Residence. 

3.  Numi)er  of  Members. 

a.  Nuiuhcr  of  Districts. 

b.  Ratio  of  Representation, 

4.  Census. 


•  • 
«« 

15. 
i6. 

•  • 
*• 

17. 
18. 

«• 

19. 
20. 

t« 

21. 

II 

22. 

41 
II 
14 

Art.  II. 

23. 

24. 

25- 

R 

Sec 

:.  I. 

l6o  OUTLINES. 

5.  When  Chosen. 

6.  Qualifications  of  Electors. 

a.  Age. 

b.  Citizenship. 

c.  Residence. 

d.  Citizen. 

7.  Vacancies. 

8.  Powers. 

a.  General  Law  Making. 

b.  Impeachment. 

II.  The  Senate. 

1.  Composition. 

2.  Qualifications. 

a.  Age. 

b.  Citizenship. 

c.  Inhabitancy. 

d.  Residence. 

3.  Number  of  Members. 

a.  Const.  Provision. 

b.  Ratio  of  Apportionment, 

4.  How  Classed. 

5.  Senate  Powers. 

a.  General  Law  Making. 

b.  Trial  of  Impeachment. 

III.  Provisions  Common  to  both  Houses. 

1.  Time  of  Meeting. 

a.    Organization. 
I.    Officers. 

a.  Lieutenant-Governor. 

b.  Speaker  of  House. 

c.  Other  Officers. 

2.  Oath. 

3.  Salary. 

a.  Regular  Session. 

b.  Special  Session. 

c.  Of  Officers,  not  Members. 

d.  How  Paid. 

4.  Members. 

a.    Quorum. 

5.  Adjournment,  Penalties,  etc. 

6.  Privileges. 

a.  Of  Speech. 

b.  From  Arrest. 

c.  Protest. 

d.  Contempt. 

7.  Penalties. 

a.  Fines  and  Imprisonments. 

b.  Witnesses. 

8.  Prohibitions. 

a.    On  Members. 

I.   Appointment  to  Office. 


OUTLINES, 

2.    Ineligibility. 

3.    Collector. 

0.    On  Officers. 

c.    On  the  Legislature. 

9.    Law  Making. 

a.    Bills. 

b.    Committee. 

c.    Passage. 

d.    Governor's  Signature. 

e.    Governor's  Veto. 

f.    Failure  of  Governor  to  Return  Bill. 

I.    Exception. 

10.    Joint  Convention. 

II.    U.  S.  Senator. 

Art.  IV 

.    Executive  Department. 

I. 

Powers. 

II. 

Officers. 

I.    Governor. 

a.    How  Chosen. 

b.    Term. 

c.    Qualifications. 

I.   Age. 

2.    Citizenship. 

3.    Residence. 

d.    Duties. 

a.    Chief  Executive  Officer. 

b.    Commander-in-Chief. 

c.    Fills  Vacancies. 

d.    Convene. Legislature  (special). 

e.    Message. 

f.    Adjourn  Legislature  (special). 

g.    Grant  Reprieves,  etc. 

2.    Lieutenant-Governor. 

a.    How  Chosen. 

b.    Term. 

c.    Qualifications. 

I.    Age. 

2.   Citizenship 

3.    Residence. 

d.    Duties. 

I.    President  of  Senate,  ex  ojici*^ 

2.    Acting  Governor. 

Ill 

,  Vacancy  —  How  Filled. 

IV. 

,    Seal  of  State. 

V. 

Motto  of  State. 

VI. 

,    Other  Officers. 

Art.  V. 

Judicial  Department. 

I. 

Courts. 

I.   Supreme. 

a.  Number  of  Members, 

b.   Term. 

l52  OUTLINES. 

c.  Chief  Justice, 

d.  Ineligibility. 

e.  Powers. 

f.  Salary. 

g.  Clerk. 

h.    Reporter. 
Art.  VI.    Militia. 

1.  Composition. 

2.  How  Equipped. 

3.  Iowa  National  Guards. 
Art.  VII.    State  Debts. 

Art.  VIII.    Corporations. 
Art.  IX.    Education. 

1.  Board  of  Education. 

2.  School  Funds  and  School  Lands. 
Art.  X.    Amendments. 

1.  Number  of  Amendments. 

2.  Process  of  Amending. 


Art 

.  XI.    Miscellaneous. 

Art  XII.    Schedule. 

Courts 

, 

I.  : 

Supreme  Court. 

I.    Meetings. 

2.    Trial  of  Appeal. 

3.    Powers  (see  Const.). 

II. 

District  Court. 

I.    Jurisdiction. 

2.    Juries. 

a.    Grand 

b.    Petit. 

3.    Jurors. 

a.    Lists. 

b.    Compensation. 

Ill 

.    Circuit  Court. 

I.    Jurisdiction. 

IV, 

,    Judicial  Districts. 

I.    Number  (see  Civil  Gov, 

V. 

Judges. 

I.    Terra. 

2.    Salary. 

VI 

County  Attorney. 

I.    Duties. 

2.    Term. 

3.    Salary. 

Congressional  Districts. 

I. 

I  to  II  (see  pp.  II 2-1 13). 

2. 

Ratio  of  Representation. 

3- 

Members  of  Congress. 

a.    How  Chosen. 

b.   Term. 

pp.  1 07- 1  to). 


OUTLINES.  163 


Senatorial  Districts. 

1.  1-50  (see  pp.  114,  115). 

2.  Ratio  of  Apportionment. 

3.  Number  of  Senators, 
Representative  Districts. 

1.  1-91  (see  pp.  116,  117). 

2.  Ratio  of  Representation. 

3.  Number  of  Representatives. 


164 


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APPENDIX. 

STATE  AGRICULTURAL  SOCIETY. 

The  state  agricultural  society  was  organized  for  the 
purpose  of  stimulating  an  interest  in  improved  methods 
of  farming  and  stock  raising.  There  are  one  hundred 
four  local  societies  in  Iowa,  and  delegates  from  these 
local  organizations  are  chosen  annually  to  attend  a  meet- 
ing of  the  state  society  for  the  purpose  of  choosing  a 
president,  vice-president,  secretary,  and  treasurer,  for  one 
year,  and  a  board  of  five  directors  to  serve  for  two  years, 
and  for  the  transaction  of  such  other  busines  as  the 
society  may  be  interested  in.  A  state  fair  is  held  annual- 
ly at  DesMoines  under  the  direction  of  this  society,  and 
the  best  products  of  the  farm  are  there  exhibited.  Pre- 
miums for  the  best  exhibits  of  all  kinds  are  paid, 
aggregating  twenty-five  thousand  dollars  a  year. 

DENTAL  EXAMINERS.  . 

The  members  of  this  board  are  five  in  number,  one 
being  appointed  each  year  by  the  governor  of  the  state, 
for  a  term  of  five  years.  All  dentists  doing  business  in 
the  state  are  required  to  register  with  the  board,  and  all 
persons  commencing  the  practice  of  dentistry  must 
possess  a  diploma  from  some  reputable  college  of  dentis- 
try, or  pass  a  satisfactory  examination  before  this  board 
and  receive  a  license  to  practice  in  the  state. 

BOARD   OF   HEALTH. 

The  establishment  of  the  board  of  health  was  for  the 
purpose  of  making  such  regulations  and  investigations  as 
they  may  from  time  to  time  deem  necessary  for  the  im- 


l68  APPENDIX. 

provement  or  preservation  of  the  public  health.  Valuable 
information  designed  to  aid  in  preventing  the  spread  of 
contagious  diseases  has  been  furnished  in  time  past  in  the 
circulars  and  pamphlets  sent  out  by  this  board,  and  as  its 
wjik  becomes  better  known,  much  good  will  result  to  the 
people. 

The  board  is  composed  of  nine  members  appointed 
by  the  governor,  with  the  consent  of  the  executive 
council,  and  must  consist  of  the  attorney  general  of  the 
state,  one  civil  engineer,  and  seven  physicians.  The 
term  of  office  is  seven  years,  and  it  is  so  arranged  that  the 
term  of  one  of  the  physicians  expires  on  the  thirty-first 
day  of  January  of  each  year.  The  board  elects  a  presi- 
dent from  its  own  membership.  A  secretary  is  also 
chosen  at  a  salary  of  twelve  hundred  dollars  a  year.  The 
regular  members  of  the  board  are  paid  their  actual 
expenses  while  serving  in  their  official  capacity,  but  they 

receive  no  salary. 

w 
COMMISSIONERS   OF   PHARMACY. 

The  governor,  with  the  approval  of  the  executive 
council,  appoints  each  year  one  of  three  commissioners 
or  pharmacy,  to  serve  for  three  years.  The  membeis  of 
the  board  are  selected  from  the  most  competent  pharma- 
cists in  the  state,  and  no  person  is  eligible  to  member- 
ship unless  he  has  been  a  resident  of  the  state  for  five 
years,  and  been  a  practicing  pharmacist  for  the  same 
length  of  time. 

The  special  work  of  this  board  is  to  see  that  none 
but  thoroughly  competent  persons  are  permitted  to  sell 
drugs  and  fill  prescriptions  of  medicine.  To  accomplish 
this,  all  persons  who  desire  to  engage  in  the  business  of 
selling  drugs  or  dispensing  medicines  within  the  state 
must  first  obtain  a  certificate  from  the  commissioners  of 


APPENDIX.  169 

pharmacy  authorizing  them  as  qualified  persons  to  con- 
duct such  busines.  The  examinations  conducted  by  this 
board  are  very  strict.  The  compensation  consists  of  fees 
charged  applicants  for  certificates  and  regulated  by  law. 

Y      EDUCATIONAlv  BOARD  OF  EXAMINERS. 

The  educational  board  of  examiners  is  composed  of 
the  state  superintendent  of  public  instruction,  the  presi- 
dent of  the  state  university,  the  president  of  the  state 
normal  school,  and  two  other  persons,  appointed  by  the 
executive  council  for  the  period  of  four  years.  One  of  the 
persons  appointed  must  be  a  woman,  and  no  person  is 
eligible  to  re-appointment.  The  superintendent  of  pub- 
lic instruction  is,  ex-offido,  president  of  the  board. 

Frequent  examinations  are  conducted  for  the  benefit 
of  those  teachers  who  desire  to  obtain  state  certificates  or 
state  diplomas.  Certificates  issued  by  county  superin- 
tendents are  valid  only  in  the  counties  in  which  they  are 
issued.  A  state  certificate  issued  by  the  board  of  ex- 
aminers authorizes  the  person  to  whom  it  is  issued  to 
teach  in  any  public  school  in  the  state  for  a  term  of  five 
years,  and  a  state  diploma  is  valid  during  the  life  of  the 
one  to  whom  it  is  granted.  The  fee  charged  for  examina- 
tion for  state  certificate  is  three  dollars;  that  for  life 
diploma,  five  dollars.  The  members  of  the  board  ap- 
pointed receive  three  dollars  a  day  and  expenses  during 
the  time  tUey  are  actually  employed  in  the  discharge  of 
their  duties.  All  other  members  are  allowed  their  actual 
expenses. 

STATE  HISTORICAI,  SOCIETY. 

This  society  was  organized  for  the  purpose  of  collec- 
ting and  preserving  everthing  of  a  historical  nature,  in 
connection  with  the  state  of  Iowa.       Books,    pamphlets, 


170  APPENDIX. 

maps,  charts,  manuscripts,  and  other  material  of  like 
character  bearing  upon  the  history,  progress,  and  present 
condition  of  the  state,  are  obtained  from  all  sources  pos- 
sible and  arranged  in  suitable  form  for  preservation. 
The  collection  made  thus  far  is  in  the  possession  of  the 
state  university.  The  officers  of  the  society  consist  of 
eighteen  curators,  nine  being  appointed  by  the  governor 
in  June  of  each  even  numbered  year,  and  nine  chosen  by 
the  society  from  its  own  membership  in  June  of  each  odd- 
numbered  year.  No  officer  or  member  of  the  society 
receives  any  compensation  from  the  state  for  his  services. 

STATE  HORTICULTRAL  SOCIETY.     ^ 

The  object  of  this  society  is  to  promote  an  interest 
in  horticulture.  It  works  in  connection  with  the  state 
agricultural  society,  and,  owing  to  its  efforts,  an  increased 
interest  is  shown  in  the  raising  of  the  various  products  of 
the  garden.  The  sura  of  twenty-five  hundred  dollars  a 
year  is  appropriated  out  of  the  state  treasury  for  the  ben- 
efit of  this  society. 

BUREAU  OF  LABOR  STATISTICS.  ^ 

The  principal  work  of  this  bureau  is  performed  by 
an  officer  called  the  commissioner  of  labor  statistics.  It 
is  his  duty  to  collect  and  arrange  statistics  designed  to 
show  the  exact  commercial,  social,  educatiotial  and 
sanitary  condition  of  the  laboring  classes  of  the  state, 
and  the  changes  that  are  being  made  in  the  condition  of 
these  classes  for  better  or  worse.  He  is  charged  with  the 
collection  of  information  concerning  the  agricultural, 
manufacturing,  and  mining  interests  of  the  state.  It  is 
also  his  duty  to  correspond  with  persons  likely  to  be  in- 
terested in  the  development  of  any  of  Iowa's  resources, 
and  to  furnish  such  persons  with  any  information    they 


APPENDIX.  171 

may  desire  concerning  the  products  of  the  state.  A 
biennial  report  of  the  work  done  by  this  bureau  is 
reauired  by  law. 

The  commissioner  is  appointed  by  the  governor  for 
a  term  of  two  years,  commencing  on  the  first  day  of 
April  in  each  even  numbered  year.  The  salary  is  fifteen 
hundred  dollars  a  year,  with  an  allowance  for  the  neces- 
sary postage,  stationery,  and  expenses  of  the  office. 

CUSTODIAN  OF  PUBLIC  PROPERTY. 

To  this  officer  is  entrusted  the  care  of  the  capitol 
building  and  grounds.  He  is  appointed  by  the  gover- 
nor, and  his  salary  is  fixed  at  fifteen  hundred  dollars  a 
year. 

i  STATE  DAIRY  COMMISSIONER. 

The  state  dairy  commissioner  is  appointed  by  the 
governor  for  the  term  of  two  j-ears,  commencing  on  the 
first  day  of  May  of  each  even -numbered  year.  His  salary 
is  fixed  at  fifteen  hundred  dollars  a  year  and  actual  ex- 
penses, and  his  bond  at  ten  thousand  dollars.  The 
office  was  established  to  aid  in  abolishing  the  manufac- 
ture and  sale  of  imitations  of  dairy  products,  or  at  least 
to  compel  manufacturers  and  dealers  in  the  spurious 
articles  to  label  them  properly  and  sell  them  as  imitations 
under  the  names  by  which  they  are  commonl}'  known. 
The  commissioner  must  be  a  person  who  has  had  a  prac- 
tical experience  in  the  manufacture  of  dairj'  products. 
He  is  furnished  an  office  at  DesMoines,  and  to  enable  him 
to  perform  all  the  duties  required  of  him,  an  appropriation 
of  twenty  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  made  bienniallj'. 

INSPECTOR  OF  ILLUMINATING  OILS. 
The  governor,  with  the  advice    and   consent   of  the 


172  APPENDIX. 

senate,  appoints  a  state  inspector  of  illuminating  oils, 
biennially.  The  term  of  office  begins  on  the  first  day  of 
April  of  each  even  numbered  year.  It  is  the  duty  of 
this  officer  to  test  all  the  illuminating  oils  made  from 
petroleum  and  designed  to  be  sold  for  use  in  this  state. 
All  oils  that  are  not  properly  refined  and  those  that  for 
anj'^  cause  will  emit  a  combustible  vapor  at  a  lower  tem- 
perature than  one  hundred  and  five  degrees  Fahrenheit 
are  rejected  by  the  insptctor,  and  .stvere  penalties  are 
provided  for  the  punishment  of  any  person  who  may  be 
guilty  of  selling,  or  offering  for  sale,  any  oil  so  rejected. 
Every  barrel  or  cask  inspected  is  properly  labeled  or 
branded  and  the  inspector's  name  signed.  The  number 
of  degrees  at  which  conbustible  vapor  is  generated  is  also 
recorded  on  the  barrel  or  cask.  The  salary  is  made  up 
of  a  fee  often  cents  for  every  barrel  of  fifty-five  gallons 
of  oil  inspected.  The  inspector  maj^  appoint  as  many 
deputies  as  may  be  necessary  to  enable  him  to  perform 
the  duties  of  his  office.  The  bond  of  the  inspector  is  fixed 
at  twenty  thousand  dollars,  and  that  of  each  deputy  at 
five  thousand  dollars. 

FISH    COMMISSIONER. 

For  the  purpose  of  keeping  the  rivers  and  lakes  of 
Iowa  stocked  with  fish,  provision  has  been  made  for  a 
fish  hatching  house,  at  Spirit  Lake,  owned  by  the  state, 
and  from  which  small  fish  in  vast  numbers  are  distributed 
annually.  The  fish  commissioner  has  charge  of  this 
hatching  house,  and  also  of  the  erection  of  fish  ways  by 
means  of  which  fish  may  pass  up,  down,  or  through  the 
water  courses  of  any  of  the  rivers  and  lakes  of  Iowa.  It 
is  also  his  duty  to  see  that  the  law  to  prevent  the  catch- 
ing of  fish  at  certain  seasons  of  the  year  is  complied  with. 
His  salary  is  twelve  hundred  dollars  a  year. 


APPENDIX.  1^3 

^^         MINE  INSPECTORS. 

There  are  three  mine  inspectors  appointed  by  the 
governor,  with  the  consent  of  the  senate.  Their  term  of 
office  is  two  years,  commencing  on  the  first  day  of  April 
of  each  even-numbered  year.  For  convenience  the  state 
is  divided  into  three  districts,  one  inspector  being  as- 
signed to  each  district.  These  officers  are  required  to 
give  all  their  time  to  the  attention  of  their  duties,  and  a 
careful  examination  of  all  the  mines  of  the  state  is  made 
at  frequent  intervals.  It  is  their  especial  duty  to  see  that 
the  mines  are  properly  ventilated  and  that  suitable  out- 
lets from  the  mines  are  provided,  as  well  as  all  such 
appliances  for  the  safety  and  preservation  of  the  life  of 
miners  as  can  possibly  be  provided.  No  person  can  be 
appointed  mine  inspector  unless  he  is  a  citizen  of  the 
United  States  and  of  Iowa,  of  good  moral  character,  and 
at  least  twenty -five  years  of  age.  He  must  also  have 
been  a  practical  miner  for  at  least  five  years. 

SUPERINTENDENT  OF  WEIGHTS  AND 
MEASURES. 

This  officer  is  appointed  by  the  governor  from  among 
the  professors  of  the  state  university,  being  subject  to 
removal  at  the  pleasure  of  the  governor.  The  standard 
weights  and  measures  are  provided  at  the  expense  of  the 
state  and  kept  in  a  building  erected  for  that  purpose  by 
the  state.  Copies  of  these  weights  and  measures  are 
furnished  to  boards  of  supervisors  at  their  request,  and  to 
be  paid  for  out  of  the  county  fund  of  the  county  procuring 
them.  The  salary  of  the  superintendent  ot  weights  and 
measures  is  fifty  dollars  a  year. 

STATE  VETERINARY   SURGEON. 
The  state    veterinary    surgeon  is  appointed  by    the 


174 


APPENDIX. 


governor  for  a  term  of  three  years,  unless  sooner  re- 
moved' He  must  be  a  graduate  of  some  thorough  vet- 
erinary college,  and  a  person  skilled  in  veterinary  science- 
He  has  general  supervision  of  all  contagious  and  infec- 
tious diseases  of  animals  within  the  state,  and  he  is  em- 
powered to  quarantine  any  animals  so  diseased,  whether 
they  are  owned  in  the  state  or  are  in  transit  through  the 
state.  The  person  holding  this  office  becomes  a  member 
of  the  state  board  of  health  by  virtue  of  his  appointment. 
His  compensation  is  fixed  at  five  dollars  a  day  and  actual 
expenses  during  the  time  he  is  occupied  in  the  discharge 
of  his  duties. 


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nSGLE,  BEBDTY  WD  HEALTH. 

HOW  THEY  ARE  OBTAINED 

In  the  School  Hoom  and  at  Home. 

By  C.  E.  SHELTON, 

Director  Physical  Training,  Western  Normal 
College,  Shenandoah,  Iowa. 


A  Book  of  Practical  Gymnastics  for  School 
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We  all  know  that  childhood  is  the  period  of 
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the  following  lines: 

FuEE  Gymnastic  Exercises,  without  apparatus,  which  tend  to  give 
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A.  FLANAGAN. 

185  Wabash  Ave.,  Chicago, 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 

This  book  is  DUE  on  the  last  date  stamped  below. 


AA    000  548  377 


j£v.irjl^  . 


JK 

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1890 
C36lh 


